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Full text of "North Carolina Register v.7 no. 18 (12/15/1992)"

The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 




EXECUTIVE ORDER 

IN ADDITION 

Wildlife Resources Commission 

PROPOSED RULES 

Economic and Community Development 

Environment, Health, and Natural Resources 

Human Resources 

Insurance 

Medical Examiners 

State Personnel 

RRC OBJECTIONS 

RULES INVALIDATED BY JUDICIAL DECISION 

CONTESTED CASE DECISIONS 

ISSUE DATE: December 15, 1992 

Volume 7 • Issue 18 • Pages 1829 - 2059 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 



TEMPORARY RULES 



The North Carolina Register is published twice a month and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
General Statutes. All proposed administrative rules and notices of 
public hearings filed under G.S. 150B-21.2 must be published in 
the Register. The Register will typically comprise approximately 
fifty pages per issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each county in the state and to various state officials and 
institutions. 

The North Carolina Register is available by yearly subscription 
at a cost of one hundred and five dollars (S105.00) for 24 issues. 
Individual issues may be purchased for eight dollars (S8.00). 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings, 
P. 0. Drawer 27447, Raleigh, N. C. 2761 1-7447. 



Under certain emergency conditions, agencies may issue 
temporary rules. Within 24 hours of submission to OAH, the 
Codifier of Rules must review the agency's written statement of 
findings of need for the temporary rule pursuant to the provisions in 
G.S. 150B-21.1. If the Codifier determines that the findings meet 
the criteria in G.S. 150B-21.1, the rule is entered into the NCAC. If 
the Codifier determines that the findings do not meet the criteria, 
the rule is returned to the agency. The agency may supplement its 
findings and resubmit the temporary rule for an additional review 
or the agency may respond that it will remain with its initial 
position. The Codifier, thereafter, will enter the rule into the 
NCAC. A temporary rule becomes effective either when the 
Codifier of Rules enters the rule in the Code or on the sixth 
business day after the agency resubmits the rule without change. 
The temporary rule is in effect for the period specified in the rule or 
180 days, whichever is less. An agency adopting a temporary rule 
must begin rule-making procedures on the permanent rule at the 
same time the temporary rule is filed with the Codifier. 



ADOPTION AMENDMENT, AND REPEAL OF 
RULES 



NORTH CAROLINA ADMINISTRATIVE CODE 



The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consult Article 2A of Chapter 
150B of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include the time and place of the public 
hearing (or instructions on how a member of the public may request 
a hearing); a statement of procedure for public comments: the text 
of the proposed rule or the statement of subject matter; the reason 
for the proposed action; a reference to the statutory authority for the 
action and the proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days 
must elapse following publication of the notice in the North 
Carolina Register before the agency may conduct the public 
hearing and at least 30 days must elapse before the agency can take 
action on the proposed rule. An agency may not adopt a rule that 
differs substantially from the proposed form published as part of 
the public notice, until the adopted version has been published in 
the North Carolina Register for an additional 30 day comment 
period. 

When final action is taken, the promulgating agency must file 
the rule with the Rules Review Commission (RRC). After approval 
by RRC, the adopted rule is filed with the Office of Administrative 
Hearings (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative 
Hearings for publication in the North Carolina Administrative Code 
(NCAC). 

Proposed action on rules may be withdrawn by the promulgating 
agency at any time before final action is taken by the agency or 
before filing with OAH for publication in the NCAC. 



The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 38 occupational licensing boards. The NCAC 
comprises approximately 15,000 letter size, single spaced pages of 
material of which approximately 35% of is changed annually. 
Compilation and publication of the NCAC is mandated by G.S. 
150B-21.18. 

The Code is divided into Titles and Chapters. Each state agency 
is assigned a separate title which is further broken down by 
chapters. Title 21 is designated for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum cost of 
two dollars and 50 cents (S2.50) for 10 pages or less, 
plus fifteen cents (SO. 15) per each additional page. 

(2) The full publication consists of 53 volumes, totaling in 
excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the 
full publication including supplements can be 
purchased for seven hundred and fifty dollars 
(S750.00). Individual volumes may also be purchased 
with supplement service. Renewal subscriptions for 
supplements to the initial publication are available. 

Requests for pages of rules or volumes of the NCAC should be 
directed to the Office of Administrative Hearings. 



CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 1:1 NCR 101-201, April 1, 1986 refers to 
Volume 1, Issue 1, pages 101 through 201 of the North Carolina 
Register issued on April 1, 1986. 



FOR INFORMATION 


CONTACT 


Office 


of 


Administrative Hearings, 


ATTN: Rules 


Division, 


P.O. 


Drawer 27447, Raleigh, North Carolina 27611-7447, 


(919) 


733-2678. 









NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, North Carolina 27611-7447 

(919) 733-2678 



Julian Mann III. 

Director 
James R. Scareella Sr., 

Deputy Director 
Molly Masich, 

Director of APA Sendees 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley. 

Editorial Assistant 



ISSUE CONTENTS 



I. EXECUTIVE ORDER 

Executive Order 182 



II. IN ADDITION 

Wildlife Resources Commission 



1829 



1830 



III. PROPOSED RULES 
Economic and Community 

Development 

Savings Institutions Division .... 1833 
Environment, Health, and 
Natural Resources 

Departmental Rules 1852 

Environmental Management .... 1856 

Health Services 1985 

Radiation Protection Commission . 1863 

Human Resources 
Medical Assistance 1842 

Insurance 
Financial Evaluation Division . . . 1849 

Market Conduct Division 1850 

Property and Casualty Division . . 1848 

Licensing Board 
Medical Examiners 1987 

State Personnel 
Office of State Personnel 2005 

IV. RRC OBJECTIONS 2009 

V. RULES INVALIDATED BY 

JUDICIAL DECISION 2014 

VI. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 2015 

Text of Selected Decisions 

91 DST 1354 2034 

91 OSP 0859 2038 

91 EHR 0889 2043 

92 OSP 0370 2048 

VII. CUMULATIVE INDEX 2057 



NORTH CAROLINA REGISTER 

Publication Schedule 

(August 1992 - December 1993) 







Last Day 


Earliest 


Earliest 










for Elec- 


Date for 


Date for 


Last Day 


^Earliest 


Issue 


Last Day 


tronic 


Public 


Adoption 


to Submit 


Effective 


Date 


for Filing 


Filing 


Hearing 


by Agency 


to RRC 


Date 


08/03/92 


07/13/92 


07/20/92 


08/18/92 


09/02/92 


>k >k sk sk >k >k 5k 

09/20/92 


:k 5k 5k 5k sk sk sk 

11/02/92 


08/14/92 


07/24/92 


07/31/92 


08/29/92 


09/13/92 


09/20/92 


11/02/92 


09/01/92 


08/11/92 


08/18/92 


09/16/92 


10/01/92 


10/20/92 


12/01/92 


09/15/92 


08/25/92 


09/01/92 


09/30/92 


10/15/92 


10/20/92 


12/01/92 


10/01/92 


09/10/92 


09/17/92 


10/16/92 


10/31/92 


11/20/92 


01/04/93 


10/15/92 


09/24/92 


10/01/92 


10/30/92 


11/14/92 


11/20/92 


01/04/93 


11/02/92 


10/12/92 


10/19/92 


11/17/92 


12/02/92 


12/20/92 


02/01/93 


11/16/92 


10/23/92 


10/30/92 


12/01/92 


12/16/92 


12/20/92 


02/01/93 


12 oi <->: 


11/06/92 


11/13/92 


12/16/92 


12/31/92 


01/20/93 


03/01/93 


12 15 92 


11/24/92 


12/01/92 


12/30/92 


01/14/93 


01/20/93 


03/01/93 


01/04/93 


12/09/92 


12/16/92 


01/19/93 


02/03/93 


02/20/93 


04/01/93 


01/15/93 


12/22/92 


12 31 92 


01/30/93 


02/14/93 


02/20/93 


04/01/93 


02/01/93 


01/08/93 


01/15/93 


02/ 1 6/93 


03/03/93 


03/20/93 


05/03/93 


02/15/93 


01/25/93 


02/01/93 


03/02/93 


03/17/93 


03/20/93 


05/03/93 


03/01/93 


02/08/93 


02/15/93 


03/16/93 


03/31/93 


04/20/93 


06/01/93 


03/15/93 


02/22/93 


03/01/93 


03/30/93 


04/14/93 


04/20/93 


06/01/93 


04/01/93 


03/11/93 


03/18/93 


04/16/93 


05/01/93 


05/20/93 


07/01/93 


04/15/93 


03/24/93 


03/31/93 


04/30/93 


05/15/93 


05/20/93 


07/01/93 


05/03/93 


04/12/93 


04/19/93 


05/18/93 


06/02/93 


06/20/93 


08/02/93 


05/14/93 


04/23/93 


04/30/93 


05/29/93 


06/13/93 


06/20/93 


08/02/93 


06/01/93 


05/10/93 


05/17/93 


06/16/93 


07/01/93 


07/20/93 


09/01/93 


06/15/93 


05/24/93 


06/01/93 


06/30/93 


07/15/93 


07/20/93 


09/01/03 


07/01/93 


06/10/93 


06/17/93 


07/16/93 


07/31/93 


08/20/93 


10/01/93 


07/15/93 


06/23/93 


06/30/93 


07/30/93 


08/14/93 


08/20/93 


10/01/93 


08/02/93 


07/ 1 2/93 


07/19/93 


08/17/93 


09/01/93 


09/20/93 


11/01/93 


08/16/93 


07/26/93 


08/02/93 


08/3 1 /93 


09/15/93 


09/20/93 


11/01/93 


09/01/93 


08/11/93 


08/18/93 


09/16/93 


10/01/93 


10/20/93 


12/01/93 


09/15/93 


08/24/93 


08/31/93 


09/30/93 


1(1 15 93 


10/20/93 


12/01/93 


10/01/93 


09/10/93 


09/17/93 


10/16/93 


10/31/93 


11/20/93 


1 ,04/94 


10/15/93 


09/24/93 


10/01/93 


10/30/93 


11/14/93 


11/20/93 


01/04/94 


11/01/93 


10/11/93 


10/18/93 


11/16/93 


12/01/93 


12/20/93 


02/01/94 


11/15/93 


10/22/93 


10/29/93 


11/30/93 


12/15/93 


12/20/93 


02/0 1 ,'94 


12/01/93 


11/05/93 


11/15/93 


12/16/93 


12/31/93 


01/20/94 


03/01/94 


12/15/93 


11/24/93 


12/01/93 


12/30/93 


01/14/94 


01/20/94 


03/01/94 



* Hie "Earliest Effective Date" is computed assuming that the agency follows the 
publication schedule above, that the Rules Review Commission approves the rule at 
the next calendar month meeting after submission, and that RRC delivers the rule to 
the Codifier of Rules five (5) business days before the 1st business day of the next 
calendar month. 



EXECUTIVE ORDER 



EXECUTIVE ORDER NUMBER 182 

ACCESSIBILITY OF ELECTRONIC EQUIPMENT 

BY PERSONS WITH DISABILITIES 

WHEREAS, advances in electronic equipment have greatly expanded the ability to accommodate the 
functional limitations of users with visual, auditory, and mobility impairments; 

NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and laws of North 
Carolina. IT IS ORDERED: 

SECTION 1. 

(a) To implement cost-effective accommodations which ensure that disabled persons have reasonable 
access to electronic equipment and equivalent access to information technology, every state agency 
shall follow the Federal Information Resources Management Regulations, published by the General 
Services Administration in 41 C.F.R. Chapter 201. and in Bulletins C-8 and C-10 (attached). 1 

(b) The Department of Human Resources. Division of Vocational Rehabilitation Services and the 
Coordinating Committee on the Americans with Disabilities Act shall assist the agencies in 
implementing this Order. 

SECTION 2. 

This Order is effective immediately. 

Done in Raleigh. North Carolina, this the 19th day of November, 1992. 



'Attachment can be viewed or copied from the Office of Administrative Hearings at 424 North Blount 
Street, P.O. Box 27447. Raleigh. NC 27611-07447. (919) 733-2678. 



7:18 NORTH CAROLINA REGISTER December 15, 1992 1829 



IN ADDITION 



Editor's Note: In the North Carolina Register . Volume 7, Issue 17, on pages 1751 - 1752 and 1771 - 1772. 
this tabic was formatted incorrectly due to the conversion of our computer system. The Agency has requested 
that we reprint the table in its correct format. 

TITLE 15A - DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

CHAPTER 10 - WILDLIFE RESOURCES AND WATER SAFETY 

SUBCHAPTER IOC - INLAND FISHLNG REGULATIONS 

SECTION .0300 - GAME FISH 

.0305 OPEN SEASONS: CREEL AND SIZE LIMITS 

(a) Generally- Subject to the exceptions listed in Paragraph (b) of this Rule, the open seasons and creel and 
size limits are as indicated in the following table: 



GAME FISHES 

Mountain Trout: 
Wild Trout 
Waters 

Hatchery Sup- 
ported Trout 
Waters and 
undesignated 
waters 

Muskellunge and 
Tiger Musky 

Chain Pickerel 

(Jack) 

Walleye 



Sauger 

Black Bass: 
Largemouth 



Smallmouth 
and Spotted 

White Bass 

Sea Trout (Spotted 
or Speckled) 

Flounder 



DAILY CREEL 
LIMITS 


MINIMUM 
SIZE LIMITS 


OPEN SEASON 


4 


7 in. 
(exc. 15) 




ALL YEAR 

(exc. 2) 


7 


None 




All year, except 
March 1 to 7:00 a.m 
on first Saturday 
in April 
(exes. 2 & 3) 


2 


30 in. 




ALL YEAR 


None 


None 




ALL YEAR 


8 
(exes. 9 & 10) 


None 
(exc. 9) 




ALL YEAR 


8 


15 in. 




ALL YEAR 


5 
(exc. 10) 


14 in. 
(exes. 4. 8 & 


11) 


ALL YEAR 

(exc. 13) 


5 
(exc. 10) 


12 in. 
(exes. 4. 8 & 


11) 


ALL YEAR 


25 


None 




ALL YEAR 


None 


12 in. 




ALL YEAR 


None 


13 in. 




ALL YEAR 



1S30 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



IN ADDITION 



Red drum (channel 
bass, red fish, 
puppy drum) 

Striped Bass 
and their hybrids 
(Morone Hybrids) 

Kokanee Salmon 



8 aggregate 
(exes. 1 & 6) 



16 in. 
(exes. 1. 6 & 12) 



None 



ALL YEAR 



ALL YEAR 

(exes. 6. 16, & 18) 



ALL YEAR 



Panhshes 



NONGAME FISHES 



None 


None 


(exes. 5 & 14) 


(exc. 14) 


None 


None 


(exc. 17) 


(exc. 17) 



ALL YEAR 

(exc. 5) 

ALL YEAR 

(exc. 7) 



(b) Exceptions 

(1) In the Dan River upstream from its confluence with Bannister River to the Brantly Steam Plant 
Dam. and in John H. Kerr, Gaston, and Roanoke Rapids Reservoirs, and Lake Norman, the creel 
limit on striped bass and Morone hybrids is four in the aggregate and the minimum size limit is 
20 inches. 

(2) In designated public mountain trout waters the season for taking all species of fish is the same as 
the trout fishing season. There is no closed season on taking trout from Nantahala River and all 
tributaries (excluding impoundments) upstream from Nantahala Lake, and the impounded waters 
of power reservoirs and municipally-owned water supply reservoirs open to the public for fishing. 

(3) Under an agreement with Tennessee, the minimum size limit on trout in Calderwood Reservoir is 
seven inches. 

(4) Bass taken from streams designated as public mountain trout waters or from Calderwood Reservoir 
may be retained without restriction as to size limit. 

(5) On Mattamuskeet Lake, special federal regulations apply. 

(6) In the inland fishing waters of Cape Fear, Neuse, Pungo and Tar-Pamlico Rivers and their 
tributaries extending upstream to the first impoundment, the daily creel limit for striped bass and 
their hybrids is one fish and the minimum length limit is 18 inches. In the Roanoke River up to 
the first impoundment, from July 1 through March 31 and June 1 through June 30 the daily creel 
limit for striped bass is one fish and the minimum length limit is 18 inches; from April 1 to May 
31 the daily creel limit is three fish, no fish between the lengths of 22 inches and 27 inches may 
be retained, and the minimum length limit is 16 inches, except no fish may be retained in Roanoke 
River and its tributaries including Cashie, Middle and Eastmost rivers from May 1 to December 
31, 1991. 

(7) See 15A NCAC IOC .0407 for open seasons for taking nongame fishes by special devices. 

(8) The maximum combined number of black bass of all species that may be retained per day is five 
fish, no more than two of which may be smaller than the applicable minimum size limit. The 
minimum size limit for all species of black bass is 14 inches, with no exception in Lake Luke 
Marion in Moore County, in Reedy Creek Park lakes in Mecklenburg County, and in Currituck 
Sound and tributaries north of Wright Memorial Bridge; in North River and tributaries in Currituck 
and Camden Counties north of a line between Camden Point and the end of SR 1 124. In and west 
of Madison, Buncombe, Henderson and Polk Counties the minimum size limit is 12 inches. In B. 
Everett Jordan Reservoir a minimum size limit of 16 inches, with no exception, applies to 
largemouth bass. In Falls of Neuse Reservoir, east of SR 1004. Sutton Lake and Tuckertown Lake 
no black bass between the lengths of 12 inches and 16 inches may be retained, and the minimum 
size limit for black bass is 16 inches, except that the daily creel may contain two black bass of less 
than 12 inches in length. In W. Kerr Scott Reservoir there is no minimum size limit for spotted 
bass. 

(9) A minimum size limit of 15 inches applies to walleye taken from Lake James and its tributaries, 
and the daily creel limit for walleye is four fish in Linville River upstream from the NC 126 bridge 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1831 



IN ADDITION 



above Lake James. 
(10) The creel limit for black bass and walleye taken from Calderwood Reservoir is 10. 
(Ill The minimum size limit for all black bass, with no exception, is 18 inches in the following trophy 

bass lakes: 

(A) Cane Creek Lake in Union County; and 

(B) Lake Thorn- A-Lex in Davidson County. 

(12) In all impounded inland waters and their tributaries, except those waters described in Exceptions 
( 1 ). the daily creel limit of striped bass and their hybrids may include not more than two fish of 
smaller size than the minimum size limit. 

(13) In Cane Creek Reservoir (Orange County) the season for taking largemouth bass is closed. 

( 14) In Lake Tillery, Falls Lake, Badin Lake, and Tuckertown Lake a daily creel limit of 20 fish and 

a minimum size limit of 8 inches apply to crappie. 
1 15) In Slick Rock Creek the minimum size is 7 inches for brook trout and 10 inches for brown and 

rainbow trout. 

(16) In designated inland fishing waters of Roanoke Sound. Croatan Sound, Albemarle Sound. Chowan 
River. Currituck Sound. Alligator River, Scuppernong River, and their tributaries (excluding the 
Roanoke River and Cashie Riser and their tributaries), striped bass fishing season, size limits and 
creel limits shall be the same as those established by duly adopted rules or proclamations of the 
Marine Fisheries Commission in adjacent joint or coastal fishing waters. 

(17) The daily creel and length limits for channel, white, and blue catfish in designated urban lakes are 
provided for in I5A NCAC IOC .0401(d). 

(18) The Executive Director may. by proclamation, suspend or extend the hook-and-line season for 
striped bass in the inland and joint waters of coastal rivers and their tributaries. It is unlawful to 
violate the provisions of any proclamation issued under this authority. 



( 



Shinuon- Authorin G.S. 113-134; 113-292; 113-304; 113-305. 



i 



1832 7:18 NORTH CAROLINA REGISTER December 15, 1992 



PROPOSED RULES 



TITLE 4 - DEPARTMENT OF 

ECONOMIC AND COMMUNITY 

DEVELOPMENT 

IVotice is hereby given in accordance with G.S. 
150B-21.2 that the Savings Institutions Division 
intends to amend rules cited as 4 NCAC 16A 
.0105; 16D .0101; 16G .0311 - .0312, .0510, 
.0513, .1203 - .1204; and repeal rules cited as 4 
NCAC 16D .0105; 16E .0105; 16G .0721. 

1 he proposed effective date of this action is 
March 15, 1993. 

1 he public hearing will be conducted at 10:00 
a.m. on January 15, 1993 at the 3rd Floor Hear- 
ing Room, 1110 Navaho Drive, Raleigh, NC 
27609. 

ixeason for Proposed Action: To remove regula- 
tors' impediments to conversions, conver- 
sion/mergers , and < 'onversion/ai quisitions. 

Ksomment Procedures: Anyone may present 
comments at the hearing. Written comments, or 
notice of intent to make oral comments, shall be 
received by the Savings Institutions Division, 1110 
Navaho Drive. Suite 301 , Raleigh, NC 27609. at 
least 24 hours prior to the hearing. 

CHAPTER 16 - SAVINGS INSTITUTIONS 

DIVISION: SAVINGS INSTITUTIONS 

COMMISSION 

SUBCHAPTER I6A - GENERAL 
PROVISIONS 

SECTION .0100 - GENERAL 

.0105 RESTRICTIONS: PAYMENT OF 

DIVIDENDS AND REPURCHASE OF 
STOCK 

(a) A stock savings institution shall not declare 
or pay a cash dividend on, or repurchase any of, 
its capital stock if the effect thereof would be to 
reduce the net worth of the savings institution to 
an amount which is less than the minimum re- 
quired by the federal regulatory authority and or 
for savings banks, an amount less than the mini- 
mum required by G.S. 54C-163. 

(b) Without the prior written approval of the 
Administrator, a stock savings institution which 



has been in operation or converted from mutual 
form for less than five years shall not repurchase 
any of its capital stock. Such approval shall be 
granted only upon a showing that the proposed 
repurchase will contribute to not adversely affect 
the safety and soundness of the savings institution. 

(c) A stock savings institution which has been in 
operation or converted from mutual form for less 
than five years shall obtain the written approval of 
the Administrator before declaring or paying a 
cash dividend on its capital stock in an amount in 
excess of one-half of the greater of: 

(1) the savings institution's net income for 
the most recent fiscal year end; or 

(2) the average of the savings institution's 
net income after dividends for the most 
recent fiscal year end and not more 
than two of the immediately preceding 
fiscal year ends, if applicable. 

(d) For a period of three years following the 
date of completion of a conversion from mutual to 
stock form, no person shall, directly or indirectly, 
offer to acquire or acquire the beneficial ownership 
of more than 10 percent of any class of an equity 
security of a converted savings institution without 
the prior written approval of the Administrator. 
Such approval shall be granted only when ncces 
s ary to protect the safety and soundness of the 
institution, as follows: 

(1) During the first year following the date 
of completion of the conversion to 
protect the safety and soundness of the 
institution. 

(2) During the second and third years 
following the date of completion of the 
conversion upon a finding by the Ad- 
ministrator that: 

(A) such acquisition js necessary to pro- 
tect the safety and soundness of the 
institution, or 

(B) the hoard of directors of the converted 
savings institution supports the acqui- 
sition, and 

(C) the person acquiring m excess of 10 
percent of any class of an equity 
security of the converted institution is 
of good character and integrity, pos- 
sesses satisfactory managerial skills. 
and after the acquisition such person 
will be a source of financial strength 
to the converted savings institution 
and the interests of the public will not 
be adversely affected thereby. 

(e) Securities beneficially owed in violation of 
th+s Paragraph (dj of this Rule in excess of 10 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1833 



PROPOSED RULES 



percent of any class of securities shall not be 
counted as shares entitled to vote and shall not be 
voted by any person or counted as voting shares in 
connection with any matters submitted to the 
stockholders for a vote. Unless made applicable 
by the Administrator by prior notice in writing, the 
restriction contained in this Paragraph s>hall not 
apply to anv offer or announcement of nn offer 
which if consummated would result in the acquisi 
tion by a person, together with all other acquisi 
tions by that person of the s ame class of securities 
during the preceding 12 month period, of not more 
than one percent of the class of securitie s . — Her 
shall th i s Paragraph apply to: 
(f) Paragraphs (d) and (e) shall not apply to: 

(1) any offer with a view toward public 
resale made exclusively to the savings 
institution or its underwriters or the 
selling group acting on its behalf; or 

(2) any offer to acquire or acquisition of 
beneficial ownership of more than 10 
percent of the common stock of a sav- 
ings institution by a corporation whose 
ownership is or will be substantially the 
same as the ownership of the savings 
institution, provided that the offer or 
acquisition is made more than one year 
following the date of completion of the 
conversion. 

Statutory Authority G.S. 54B-43; 54B-55; 54C-44; 
54C-53. 

SUBCHAPTER 16D - OPERATION OF 
SAVINGS ASSOCIATIONS 

SECTION .0100 - DIRECTORS: OFFICERS 
AND EMPLOYEES 

.0101 COMPOSITION OF BOARD OF 
DIRECTORS 

(a) The number of directors constituting the 
initial hoard of directors shall be not le ss than 

seven. Other guidelines Requirements for the 

composition of a board of directors are as follows: 
( 1 ) No Except in the case of a savings 
institution having 80 percent or more of 
any class of voting shares owned by a 
holding company or controlling person. 
no more than one-third of the Board of 
Directors shall be salaried officers or 
employees of the association savings 
institution , or of any subsidiary or 
(except in the case of an a ss ociat i on 
having 80 percent or more of any cla s s 



of voting shares owned by a holding 
company — or controlling — person) any 
holding company or affiliate thereof or 
anv controlling person affiliate thereof. 

(2) In the case of a savings institution 
having 80 percent or more of any class 
of voting shares owned by a holding 
company or controlling person, no 
more than 49 percent of the Board of 
Directors shall be salaried officers or 
employees of the savings institution, or 
of any subsidiary or any holding com- 
pany or affiliate thereof or any control- 
ling person affiliate thereof. 

(3) f2-> No more than two directors shall 
be members of the same immediate 
family. 

(4) 0) No two directors who are attorneys 
may be members of the same law firm. 

(5) f4-> No more than one-third of the 
Board of Directors shall be directors, 
officers or employees of a competing 
financial institution. 

(6) iS) The managing officer of the a s soci 
ation savings institution shall be a 
member of the Board of Directors. 

(b) A director shall not vote on any matter in 
which he has a personal or financial interest. 

(c) When an a ss ociation a savings institution 
takes action resulting in the establishment of a new 
chief executive officer or director, the association 
savings institution shall notify the Administrator in 
writing in advance of such change, and shall 
provide the name of the new chief executive 
officer or director, the effective date of the ap- 
pointment, and a statement of the person's past and 
current business and professional affiliations. The 
name of any departing chief executive officer or 
director shall also be provided. 

Statutory Authority G.S. 54B-55. 

.0105 AMENDMENT OF CONVERTED 
ASSOCIATION'S CHARTER 

fa-) — Notwithstanding anything contained in an 
a ss ociation' s — charter — ©f — bylaws. — an — association 
which has converted from mutual to s tock form 
may amend it s charter to provide for the applica 
tion of any or all of the following provision s , to 
apply for no more than five year s from the date of 
completion of conver s ion: 

f-H Benefic i al Ownership Limitation. — He 

person shall directly or indirectly offer 
to acquire the beneficial ownership of 
more than 10 percent of any cla s s of an 



1834 



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PROPOSED RULES 



equity security of the association. — This 
limitation shall not apply to a transac 
tion in which the association forms a 
holding company without change in the 
respective beneficial ownership interests 
of its stockholder s other than pur s uant 
to the exercise of any di ss enter and 
appraisal — rights — or the — purcha s e — e# 
shares by underwriters — in connection 
with a public offering. 
In the event — share s are — acquir e d — m 
violation of this provision, all share s 
beneficially owned by any person in 
exce ss of 10 percent shall be con s idered 
"exce ss s hare s " and shall not be count 
ed as shares entitled to vote and shall 
not be voted by any person or counted 
as voting shares in connection with any 
matter s submitted to the s tockholder s 
for a vote. 



Stock 



f3-) Cumulative Voting Limitation. — ktock 

holders shall not be permitted to cumu 
late their votes for election of director s . 

£3} C-eH — for Special — Meetings. Special 

meeting s — of stockholders — relating — te 
changes in control of the association or 
amendments — te — rts — charter — srt&H — be 
called only upon direction of the Board 
of Directors. 
ihj — For purpose s of this Section, the following 
definitions apply: 

f-H The term "person" includes an individu 

al. a group acting in concert, a corpora 
tion. a partner s hip, an a ss ociation, a 
joint stock company, a tru s t, an unin 
corporated — organization — ©f — similar 
company. — a s yndicate. — or any other 
group formed for the purpo s e of aequir 
ing. holding or disposing of the equity 
securities of an as s ociation. 

42) The term "offer" includes every offer to 

buy or otherwise acquire, solicitation of 
an offer to sell, tender offer for. or 
request or invitation for tenders of. a 
security or interest in a s ecurity for 
value. 

f£) The term "acquire" include s every type 

e# — acquisition — whether — effected — by 
purchase, exchange, operation of law or 
otherwise. 

f+) The term "acting in concert" means the 

knowing participation in a joint activity 
or con s cious parallel action towards a 
common goal whether or not pursuant 
to an expre s s agreement, or a eombina 



tion or pooling of voting or other inter 
ests in the securitie s of an is s uer for a 
common purpose pur s uant to any con 

tract. understanding. relation s hip. 

agreement — ef — other — arrangements, 
whether written or otherwise. 

Statutory Authority G.S. 54B-33. 

SUBCHAPTER 16E - OPERATION OF 
SAVINGS BANKS 

SECTION .0100 - DIRECTORS. BYLAWS 
AND CHARTER 

.0105 AMENDMENT OF CONVERTED 
SAVINGS BANKS CHARTER 

(a) — Notwith s tanding anything contained in a 
savings bank's charter or bylaws, a savings bank 
which has converted from mutual to stock form 
may amend it s charter to provide for the applica 
tion of any or all of the following provisions, to 
apply for no more than five years from the date of 
completion of conversion: 

fH Beneficial Owner s hip Limitation. — Ne 

person shall directly or indirectly offer 
to acquire the beneficial ownership of 
more than ten percent of any cla s s of an 
equity security of the savings bank. 
Thi s limitation shall not apply to a 
tran s action in which the savings bank 
forms — a — holding — company — without 
change — m — the — re s pective — beneficial 
owner s hip interests of its stockholder s 
other than pur s uant to the exercise of 
any di ss enter and appraisal rights or the 
purchase of shares by underwriter s in 
connection with a public offering. — tn 
the event shares arc acquired in viola 
tion of thi s provision, all shares benefi 
cially owned by any person in excess of 
ten percent shall be con s idered "excess 
s hares" — and shall — not be counted as 
shares entitled to vote and shall not be 
voted — by — any — person — or counted as 
voting s hares in connection with any 
matters submitted to the stockholders 
for a vote. 

42) Cumulative Voting Limitation. — Stock 

holders shall not be permitted to cumu 
late their votes for election of directors. 

4$) GaH — for Special — Meetings. Special 

meetings — of stockholders — relating — te 
changes in control of the saving s bank 
or amendments to its charter shall be 



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1835 



PROPOSED RULES 



called only upon direction of the Board 
of Directors. 
fb-) — For purpose s of this Section, the following 
definitions apply: 



<-B- 



The term 



;rson" includes an individu 



al. a group aeting in concert, a corpora 
tion. a partner s hip, an a ss ociation, a 
joint stock company, a trust, an unin 



similar 



corporated — organization — &f- 
company. or a syndicate. 

i~ri The term "offer" include s every offer to 

buy or otherwi s e acquire, solicitation of 



an offer to 



tender offer for, or 



m- 



m- 



request or invitation for tenders of. a 

security or interest — in a security for 

value. 

The term "acquire" includes every type 

ef — acquisition — whether — effected — by 

purcha s e, exchange, operation of law or 



otherwi s e 
^T-h- 



e term — aeting in concert — means the 
knowing participation in a joint activity 
or conscious parallel action toward s a 
common goal whether or not pur s uant 
to an expre ss agreement. 



Statutory Authority G.S. 54C-33; 54C-53. 

SUBCHAPTER 16G - MUTUAL TO STOCK 
CONVERSIONS 

SECTION .0300 - GENERAL PRINCIPLES 
FOR CONVERSIONS 

.0311 REQUIRED PROVISIONS IN PLAN 
OF CONVERSION 

The plan of conversion shall: 

( 1 I Provide that the converting savings bank 
shall issue and sell its capital stock at a 
total price equal to the estimated pro 
forma market value of such stock in the 
converted savings bank, based on an 
independent valuation, as provided in 
Rule .0717 of this Subchapter. 

(2) Provide that each eligible account holder 
shall receive without payment, nontrans- 
ferable subscription rights to purchase 
capital stock. Subscription rights shall be 
allocated among the eligible account 
holders on an equitable basis in an 
amount not greater than the maximum 
purchase limitation established for the 
public offering or the direct community 
offering. The plan of conversion shall 
provide a comprehensive description of 



this allocation including a detailed de- 
scription of the allocation in the event of 
an oversubscription of the capital stock. 
In the event of an oversubscription, 
shares shall be allocated on an equitable 
basis that is related to the amount of the 
subscriber's qualifying deposits. 

(3) Provide that nontransferable subscription 
rights to purchase capital stock received 
by executive officers and directors of the 
applicant and their associates based on 
their increased deposits in the applicant 
savings bank in the one-year period 
preceding the eligibility record date shall 
be subordinated to all other subscriptions 
involving the exercise of nontransferable 
subscription rights to purchase shares 
pursuant to Paragraph (2) of this Rule. 

(4) Provide that, in plans involving an eligi- 
bility record date that is more than 15 
months prior to the date of the latest 
amendment to the application for conver- 
sion filed prior to the administrator's 
approval, a supplemental eligibility re- 
cord date shall be determined whereby 
each supplemental eligible account holder 
of the applicant shall receive without 
payment, nontransferable subscription 
rights to purchase capital stock in an 
amount related to their his/her respective 
qualifying deposits. 

(a) Subscription rights received pursuant to 
Paragraph (4) of this Rule shall be 
subordinated to all rights received by 
eligible account holders to purchase 
shares pursuant to Paragraphs (2) and 
(3) of this Rule. 

(b) Any nontransferable subscription rights 
to purchase shares received by an eligi- 
ble account holder in accordance with 
Paragraph (2) of this Rule shall be 
applied in partial satisfaction of the 
subscription rights to be distributed 
pursuant to this Paragraph. 

(c) In the event of an oversubscription for 
supplemental shares pursuant to this 
Paragraph, shares shall be allocated 
among the subscribing supplemental 
eligible account holders on such equita- 
ble basis, related to the amounts of 
their respective qualifying deposits, as 
may be provided in the plan of conver- 
sion. 

(5) Provide that voting members who are not 
either eligible account holders or supple- 



♦ 



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PROPOSED RULES 



mental eligible account holders shall 
receive, without payment, nontransferable 
subscription rights to purchase capital 
stock on an equitable basis defined in the 
plan of conversion. Subscription rights 
received pursuant to this Paragraph shall 
be subordinated to all rights received by 
eligible account holders and supplemental 
eligible account holders to purchase 
shares pursuant to Paragraphs (2), (3), 
and (4) of this Rule. In the event of an 
oversubscription of capital stock pursuant 
to this Paragraph, shares shall be allocat- 
ed among the subscribing voting mem- 
bers on such equitable basis as may be 
provided in detail in the plan of conver- 
sion. 
(6) Provide that any shares of the applicant 
not sold to persons with subscription 
rights shall either be sold in a public 
offering through an underwriter or direct- 
ly by the applicant in a direct community 
offering, subject to the applicant demon- 
strating to the administrator the feasibility 
of the method of sale and to such condi- 
tions as may be provided in the plan of 
conversion. Such conditions shall in- 
clude, but not be limited to: 

(a) A condition limiting purchases in the 
public offering or the direct community 
offering by any person together with 
any associate or group of persons acting 
in concert to a percentage of the total 
offering of shares not exceeding five 
percent; except that any one or more 
tax-qualified employee stock benefit 
plans of the applicant may purchase in 
the aggregate not more than ten percent 
of the total offering of shares and shall 
be entitled to purchase such amount 
regardless of the number of shares to be 
purchased by other parties, and that 
shares held by one or more 
tax-qualified employee stock benefit 
plans and attributed to a person shall 
not be aggregated with other shares 
purchased directly by or otherwise 
attributable to that person. 

(b) A condition requiring that orders for 
stock in any public offering or direct 
community offering shall first be filled 
up to a maximum of two percent of the 
conversion stock per order and thereaf- 
ter remaining shares shall be allocated 
on an equal number of shares basis per 



order until all orders have been filled. 

(c) A condition requiring the stock to be 
offered and sold in the public offering 
or the direct community offering to be 
offered and sold in a manner that will 
achieve the widest distribution of the 
stock. 

(d) A condition that any direct community 
offering by the applicant shall give a 
preference to natural persons residing in 
the counties in which the applicant has 
an office. 

(7) Provide that the number of shares which 
any person together with any associate or 
group of persons acting in concert may 
subscribe or purchase in the conversion 
shall not exceed five percent of the total 
offering of shares; except that any one or 
more tax-qualified employee stock benefit 
plans of the applicant may purchase in 
the aggregate not more than 10 percent of 
the total offering of shares. Shares held 
by one or more tax-qualified or 
non-tax-qualified employee stock benefit 
plans and attributed to a person shall not 
be aggregated with shares purchased 
directly by or otherwise attributable to 
that person. For purpose of this Para- 
graph, the members of the converting 
savings bank's board of directors shall 
not be deemed to be associates or a group 
of persons acting in concert solely as a 
result of their board membership. 

(8) Provide that for a period of three years 
following the conversion no executive 
officer or director or any associate of an 
executive officer or director shall pur- 
chase without the prior written approval 
of the administrator the capital stock of 
the converted savings bank except from a 
broker or dealer registered with the 
Secretary of State of North Carolina 
and/or the Securities and Exchange Com- 
mission. This provision shall not apply 
to negotiated transactions involving more 
than one percent of the outstanding capi- 
tal stock of the converted savings bank or 
to purchases of stock made by and held 
by any one or more tax qualified or 
non-tax-qualified employee stock benefit 
plans of the applicant which may be 
attributable to executive officers or direc- 
tors. 

(9) Provide that the sales price of the shares 
of capital stock to be sold in the conver- 



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1837 



PROPOSED RULES 



sion shall be a uniform price determined 
in accordance with Rule .0714 of this 
Subchapter and specify the underwriting 
and other marketing arrangements to be 
made to assure the sale of &H- any shares 
not sold in the subscription offering. 

(10) Provide that each deposit account holder 
of the converting savings bank shall 
receive, without payment, a deposit 
account or accounts in the converted 
savings bank equal in amount to the value 
of such account holder's deposit account 
or accounts in the converting savings 
bank. 

(11) Provide for the establishment and mainte- 
nance of a liquidation account for the 
benefit of eligible account holders and 
supplemental eligible account holders in 
the event of a subsequent complete liqui- 
dation of the converted savings bank, in 
accordance with the provisions of Rule 
.0314 of this Section. 

(12) Provide for an eligibility record date 
which shall be not less than 90 days prior 
to the date of adoption of the plan by the 
converting savings bank's board of direc- 
tors. 

(13) Provide that the holders of the capital 
stock of the converted savings bank shall 
have exclusive voting rights. 

(14) Provide that the plan of conversion 
adopted by the applicant's board of direc- 
tors may be substantively amended by 
such board of directors prior to the solic- 
itation of proxies from members to vote 
on the plan and at any time thereafter 
with the concurrence of the administra- 
tor; and that the conversion may be 
terminated by the board of directors at 
any time prior to the meeting of members 
called to consider the plan of conversion 
and at any time thereafter with the con- 
currence of the administrator. 

(15) Establish a time period within which the 
conversion must be completed prior to 
termination. This time period shall be 
not more than 12 months from the date 
the members approve the plan of conver- 
sion. This time period may be extended 
an additional 12 months with the written 
permission of the administrator. 

(16) Provide that all shares of capital stock 
purchased by directors and executive 
officers on original issue in the conver- 
sion either directly from the applicant (by 



subscription or otherwise) or from an 
underwriter of such shares, shall be 
subject to the restriction that such shares 
shall not be sold, without written permis- 
sion of the administrator, for a period of 
not less than one year following the date 
of purchase, except in the event of death 
of the director or executive officer. 

(17) Provide that, in connection with shares of 
capital stock subject to restriction on sale 
under Paragraph (16) of this Rule: 

(a) Each certificate for such stock shall 
bear a legend giving appropriate notice 
of the applicable restrictions; 

(b) Appropriate instructions shall be issued 
to the transfer agent for the converted 
savings bank's capital stock with re- 
spect to applicable restrictions on trans- 
fer of any restricted stock; and 

(c) Any shares issued as a stock dividend, 
stock split or otherwise with respect to 
any restricted stock shall be subject to 
the same restrictions as may apply to 
the restricted stock. 

(18) Provide that the converting savings bank 
shall; 

(a) use its best efforts to encourage and 
assist a market maker to establish and 
maintain a market for the securities 
issued in connection with the conver- 
sion; and 

(b) use its best efforts to list those shares 
issued in connection with the conver- 
sion on a national or regional securities 
exchange or on the NASDAQ system. 

(19) Provide that the expenses incurred in the 
conversion shall be reasonable. 

(20) Contain no provision which the adminis- 
trator may determine to be inequitable or 
detrimental to the applicant, its account 
holders or other savings banks or to be 
contrary to the public interest. 

(21) Contain no provision which the adminis- 
trator finds will harm the community and 
public served by the savings bank. 

(22) Provide that the converting savings bank 
shall not loan funds or otherwise extend 
credit on an unsecured basis or upon the 
security of the savings bank's capital 
stock to any person to purchase the capi- 
tal stock of the converting savings bank. 

(23) Provide that the savings bank may make 
scheduled discretionary contributions to a 
tax-qualified employee stock benefit plan 
provided such contributions do not cause 



♦ 



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PROPOSED RULES 



the savings bank to fail to meet its net 
worth requirements. 

Statutory Authority G.S. 54C-33; 54C-53. 

.0312 OPTIONAL PROVISIONS IN PLAN 
OF CONVERSION 

The plan of conversion may provide any or all of 
the following: 

( 1 ) That the applicant may commence the 
direct community offering or the public 
offering, or both, concurrently with or at 
any time during the subscription offering. 
The subscription offering may be com- 
menced concurrently with or at any time (4) 
after the mailing to members pursuant to 

Rule .0607 of this Subchapter of the 
proxy statement authorized for use by the 
administrator. The subscription offering 
may be closed before the meeting of the 
members held to vote on the plan of 
conversion, provided that the offer and 
sale of capital stock shall be conditioned 
upon the approval of the plan of conver- 
sion by the members as provided in 
Section .0600 of this Subchapter. 

(2) That directors, executive officers, and 
employees of the converting association 
savings bank shall receive, without pay- 
ment, nontransferable subscription rights 
to purchase shares of capital stock, to the 
extent that shares are available after 
satisfying the subscriptions of eligible 
account holders, supplemental eligible 
account holders, and voting members 
provided for under Paragraphs (2), (4) 
and (5) of Rule .0311 of this Section. 
The shares shall be allocated among 
directors, officers, and employees on an 
equitable basis such as by giving weight 
to period length of service, compensa- 
tion, and position, subject to the limita- 
tion in Paragraph (7) of Rule .0311 of 
this Section on the amount of shares 
which may be purchased by any person, 
associate thereof, or group of affiliated 
persons or group of persons otherwise 
acting in concert. 

(3) That any account holder receiving rights 

to purchase stock in the subscription (5) 

offering shall also receive, without pay- 
ment, nontransferable subscription rights 
to purchase up to one percent of the total 
offering of shares of capital stock, to the 
extent that such shares are available after 



satisfying the subscriptions provided for 
under Paragraphs (2), (4). and (5) of 
Rule .0311 of this Section, subject to 
such conditions as may be provided in 
the plan of conversion. In the event of 
an oversubscription for such additional 
shares, the shares available shall be 
allocated among the subscribing eligible 
account holders, supplemental eligible 
account holders, and voting members on 
such equitable basis, related to the 
amounts of their respective subscriptions, 
as may be provided in the plan of conver- 
sion. 

That the applicant may require members 
to return by a reasonable date certain a 
postage-paid written communication 
provided by the applicant requesting 
receipt of a subscription offering circular, 
or a preliminary or final offering circular 
in an offering pursuant to Paragraph (10) 
of this Rule, in order to be entitled to 
receive an offering circular from the 
applicant; provided, that the subscription 
offering or the offering pursuant to Para- 
graph (10) of this Rule shall not be 
closed until 30 days after the mailing by 
the applicant to members of the 
postage-paid written communication. If 
the subscription offering or the offering 
pursuant to Paragraph (10) of this Rule is 
not commenced within 45 days after the 
meeting of members, any converting 
savings bank adopting this optional provi- 
sion shall transmit not more than 30 days 
prior to the commencement of the sub- 
scription offering or the offering pursuant 
to Paragraph (10) of this Rule to each 
member who had been furnished with 
proxy solicitation materials, written 
notice of the commencement of the offer- 
ing which notice shall state that the con- 
verting savings bank is not required to 
furnish an offering circular to a member 
unless the member returns by a reason- 
able date certain the postage-paid written 
communication provided by the convert- 
ing savings bank requesting receipt of an 
offering circular. 

That the applicant may require eligible 
account holders and supplemental eligible 
account holders who are not voting mem- 
bers pursuant to Rule .0608 of this Sub- 
chapter to return by a reasonable date 
certain a postage-paid written communi- 



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1839 



PROPOSED RULES 



cation in accordance with the procedure 
established in Paragraph (4) of this Rule. 

(6) Than That any insignificant residue of 
shares of the converting savings bank not 
sold in the subscription offering or in a 
public offering or direct community 
offering may be sold in such other man- 
ner as provided in the plan of conversion 
with the written consent of the adminis- 
trator. 

(7) That the number of shares which any 
person or group of persons affiliated with 
each other or otherwise acting in concert 
may subscribe for in the subscription 
offering may be made subject to a limit 
of not less than one percent of the total 
offering of the shares. 

(8) That any person exercising subscription 
rights to purchase capital stock shall be 
required to purchase a minimum number 
of shares but the aggregate price for any 
minimum share purchase shall not exceed 
five hundred dollars ($500.00). 

(9) That the converted savings bank shall 
issue and sell, in lieu of shares of its 
capital stock, units of securities consist- 
ing of capital stock and long-term war- 
rants or other equity securities, in which 
event any reference in the provisions of 
this Subchapter to capital stock shall 
apply to such units of equity securities 
unless the context otherwise requires. 

(10) That, instead of a separate subscription 
offering, all subscription rights issued in 
connection with the conversion shall be 
exercisable by delivery of properly com- 
pleted and executed order forms to the 
underwriters or selling group for the 
public offering or pursuant to any other 
procedure, subject to the applicant dem- 
onstrating to the administrator the feasi- 
bility of the method of exercising such 
right and to such conditions as shall be 
provided in the plan of conversion. 

ill) That the administrator may approve such 
other equitable provisions as necessary to 
avert imminent injury to the converting 
savings bank. 
(12) That the proxy statement required by 
Rule .0607 of this Subchapter may be in 
summary form, provided: 
(a) A statement is made in bold-faced type 
on the summary proxy statement that a 
more detailed description of the pro- 
posed transaction may be obtained by 



returning an attached postage-paid 
postcard or other written communica- 
tion requesting a supplemental informa- 
tion statement which, together with the 
summary proxy statement, complies 
with the requirements of Form PS 
contained in the Application for Con- 
version (Form AC) . 

(b) The date on which the summary proxy 
statement is mailed to members will be 
deemed the date on which notice is 
given for purposes of Rule .0607 of this 
Subchapter. Without the prior written 
consent of the administrator, the meet- 
ing of members shall not be held less 
than 20 days after the date on which the 
supplemental information statement is 
mailed to requesting members. 

(c) The supplemental information statement 
required to be furnished to members 
pursuant to Subparagraph (a) of this 
Paragraph may be combined with Form 
OC. if the subscription offering is 
commenced concurrently with or during 
the proxy solicitation period pursuant to 
Paragraph (1) of this Rule. 

(d) The form of the summary proxy state- 
ment has been approved by the admin- 
istrator. 

(13) That, in the event that the converting 
institution is establishing a tax-qualified 
employee stock ownership plan (ESOP) 
for the benefit of hs employees, then 
notwithstanding the priorities established 
under Subparagraphs (2), (4), and (5) of 
Rule .031 1 of this Section, the plan of 
conversion may provide that such ESOP 
may purchase ujg to J_0 percent of the 
aggregate shares offered in the conver- 
sion prior to offering any shares to eligi- 
ble account holders, supplemental eligible 
account holders or other voting members. 

Statutory- Authority G.S. 54C-33: 54C-53. 

SECTION .0500 - SOLICITATION OF 
PROXIES: PROXY STATEMENT 

.0510 USE OF PROXY SOLICITING 

MATERIAL TO BE AUTHORIZED 

No proxy solicitation material required to be 
filed with the administrator prior to use shall be 
furnished to members or otherwise released for 
distribution until the use of such material has been 
authorized in writing by the administrator. Proxy 



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December 15, 1992 



PROPOSED RULES 



material authorized for use by the administrator 
shall be mailed to the members within 10 days of 
such authorization unless extended by the or within 
10 days of the date such material js declared 
effective by the Securities and Exchange Commis- 
sion, if applicable, whichever is later. The admin- 
istrator in writing may extend such date upon a 
showing that adherence to the 10 day rule would 
work a hardship upon the savings institution and 
that the delay, if approved |n writing , would not 
be disadvantageous to any interested party. 

Statutory Authority- G.S. 54C-33; 54C-53. 

.0513 MATERIAL REQUIRED TO BE 
FILED 

(a) Applicant s An applicant shall file a prelimi- 
nary copy of the proxy materials required by Form 
AGt to be used by such applicant as a part of the 
application for conversion filed with the adminis- 
trator. 

(b) A preliminary copy of any additional solici- 
tation materia^ including press releases and radio 
or television scripts, to be used or furnished to 
members subsequent to furnishing the proxy 
statement, shall be filed with the administrator at 
least five business days prior to the date on which 
the administrator is requested to authorize the use 
of such material. Speeches may. but need not, be 
filed with the administrator prior to use. 

(c) A copy of the proxy statement and a copy of 
the form of proxy and all other solicitation materi- 
al, in the form in which such material is furnished 
to members, shall be filed with or mailed for filing 
to the administrator not later than the date such 
material is first sent or given to members. All 
materials filed pursuant to this Paragraph shall be 
accompanied by a statement of the date on which 
copies of such materials are to be released to 
members. 

(d) If the solicitation is to be made in whole or 
in part by personal solicitation, a preliminary copy 
of all written instructions or other material which 
discusses,, ©f reviews^ or comments upon the 
merits ofj any matter to be acted upon and which 
is to be furnished to the individuals making the 
actual solicitation for their use directly or indirect- 
ly in connection with the solicitation shall be filed 
with the administrator at least five business days 
prior to the date on which the administrator is 
requested to authorize the use of such material. 

(e) All preliminary copies of material filed 
pursuant to Paragraphs (a), (b), and (d) of this 
Rule shall be clearly marked on the cover page 
"Preliminary Copy." Such preliminary copies 



shall be for the information of the administrator 
only and shall not be deemed available for public 
inspection except that such material may be dis- 
closed to any department or agency of the United 
States, this State, or any other state, that has 
concurrent jurisdiction over the applicant. The 
administrator may make such inquiries or investi- 
gation in regard to the material as may be neces- 
sary for an adequate review. 

(f) Unless requested by the administrator, copies 
of replies to inquiries from members and copies of 
communications which do no more than request 
that forms of proxy theretofore solicited be signed 
and returned need not be filed pursuant to this 
Rule. 

(g) Where any proxy statement, form of proxy 
or other material filed pursuant to this Rule is 
amended or revised, a copy of such amended or 
revised material filed with the administrator shall 
be marked to indicate clearly and precisely the 
changes effected subsequent to the previous filing. 

Statutory Authority G.S. 54C-33; 54C-53. 

SECTION .0700 - PRICING AND SALE OF 
SECURITIES 

.0721 INTEREST: SUBSCRIPTION/ 

COMMUNITY PURCHASE ORDERS 

The applicant shall pay interest at not le ss than 
the passbook rate on all amounts paid in cash or 
by check or money order to the savings bank to 
purchase s hares of capital stock in the subscript i on 
offering or direct community offering from the 
date payment i s received by the applicant until the 
conver s ion is completed or terminated. 

Statutory Authority G.S. 54C-33; 54C-53. 

SECTION .1200 - CONVERSION: 
MERGERS: ACQUISITIONS 

.1203 CONVERSION IN CONNECTION 
WITH ACQUISITION 

(a) A mutual savings bank may convert to the 
stock form as part of a transaction whereby an 
existing holding company acquires all its conver- 
sion stockT ; The provided that the eligible account 
holders, supplemental eligible account holders, and 
voting members of the converting savings bank 
shall receive, without payment, the same nontrans- 
ferable rights to purchase the capital stock of the 
existing holding company^ the same as they would 
have to purchase capital stock of the converting 
savings bank in a standard conversion under the 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1841 



PROPOSED RULES 



provisions of this Subchapter. 

(h) If the existing holding company acquiring 
the converting savings bank has consolidated total 
assets which are Jj_) times greater than the total 
assets of the converting savings bank which rt js 
acquiring and the capital stock of such holding 
company is listed on a national or regional stock 
exchange or is quoted on the National Association 
of Securities Dealers Quotation (NASDAQ) Sys- 
tem, then the plan of conversion shall not be 



required to contain provisions of Subparagraphs 
(6^ Hl L§L (16), (17) and (18) of Ride .0311 of 
this Subchapter. 

Statutory Authority G.S. 54C-33; 54C-53; 
54C-J95. 

.1204 CONVERSION IN CONNECTION 
WITH MERGER 

(a) A mutual savings bank may convert to the 
stock form by merging with an existing stock 
depository institution as part of a transaction in 
which the equity securities of the existing stock 
depository institution or its holding company 
acquiring all of the conversion stock are issuedT • 
The provided that the eligible account holders, 
supplemental eligible account holders, and voting 
members of the converting savings bank shall 
receive, without payment, the same nontransfer- 
able rights to purchase -the capital stock of the 
existing stock depository institution, or its holding 
companyT the same as they would have to purchase 
capital stock of the converting savings bank in a 
standard conversion under the provisions of this 
Subchapter. 

(b) If the existing depository institution, or its 
holding company, whose equity securities will be 
issued in connection with the merger of the eon- 
verting savings bank has consolidated total assets 
which are 10 times greater than the total assets of 
the converting savings bank which rt is acquiring 
and the capital stock of such existing depository 
institution, or Its holding company, is listed on a 
national or regional stock exchange or is quoted on 
the National Association of Securities Dealers 
Quotation (NASDAQ) System, then the plan of 
conversion shall not be required to contain provi- 
sions of Subparagraphs (6), (7), (8). (16), ( 17) and 
(18) of Rule .03 1 1 of this Subchapter. 



Statutory Authority 

54C-195. 



G S. 54C-33: 54C-53; 



TITLE 10 - DEPARTMENT OF 
HUMAN RESOURCES 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the DHR/Division of Medical 
Assistance intends to amend rule(s) cited as 10 
NCAC 26B .0104. .0120; 10 NCAC 50B .0101. 
.0403 and .0405. 

1 he proposed effective date of this action is 
March 1. 1993. 

1 he public hearing will be conducted at 1:30 
p.m. on January 15. 1993 at the North Carolina 
Division of Medical Assistance. 1985 Umstead 
Drive. Room 132. Raleigh. NC 27603. 

MXeason for Proposed Action: 
10 NCAC 26B .0104 - Amendment updates qualifi- 
cations of labs and adds provision for coverage of 
portable ultrasound services. 

10 NCAC 26B .0120 - This amendment clarifies 
rules to prevent t (inflicts of interest and to offer 
alternative proof of a business establishment. 
10 NCAC SOB .0101 - Amendment brings rule into 
compliance with Federal law and adds coverage 
for individuals eligible for Part B Medicare premi- 
ums. 

10 NCAC SOB .0403 - Amendment clarifies that 
Federal Law regarding spousal financial responsi- 
bility takes precedence when determining countable 
resources for Medicaid eligibility. 
10 NCAC SOB .0405 - Amendment changes the 
certification periods for certain groups from six 
months to twelve months. 

K^omment Procedures: Written comments con- 
cerning this amendment must be submitted by 
January 15. 1993. to: Division of Medical Assis- 
tance. 1985 Umstead Drive. Raleigh. NC 27603 
ATTN: Clarence Ervin. APA Coordinator. Oral 
comments may be presented at the hearing. In 
addition, a fiscal impact statement is available 
upon written request from the same address. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26B - MEDICAL 
ASSISTANCE PROVIDED 

SECTION .0100 - GENER\L 

.0104 LABORATORY AND X-RAY 
SERVICES 



♦ 



V 



t 



1842 



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NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



Laboratory and x-ray services shall be covered to 
the extent permitted in federal Medicaid regula- 
tions and subject to the following conditions: 

( 1 ) The service is not performed in connec- 
tion with a routine physical examination. 

(3-) Laboratory — s ervice s — afe — rendered — by 

laboratories that: 

fa) Are Medicare certified laboratory pro 

vidcrs, and 

(b) Are inspected by the N.C. Division of 

Facility — Services — or are — licensed — er 
approved — as — meeting — s tandard s — fef 
licensure in the s tate where located, and 

fe) Participate in an approved laboratory 

proficiency testing program for each 
specialty and s ub s pecialty of service 
provided to Medicaid eligible clients 
which is approved by the U.S. Depart 
ment of Health and Human Services. 
flriQ 

•fd-) Are approved or licensed — under the 

Clinical Laboratories Improvement Act 
fef — interstate — commerce — ef — heW — aft 
unrevoked and — unsuspended — letter of 
exemption from DHHS based on ac 
creditntion or licensure by an approved 
organization or s tate licensure program 
if located out of state and are engaged 
in examination of human s pecimen s . 

(2) It is provided in an office or similar 
facility other than a hospital outpatient 
department or a clinic. 

(3) Clinical laboratory services are rendered 
by medical care entities who are issued a 
certificate of waiver, registration certifi- 
cate, or certificate of accreditation under 
the Clinical Laboratories Improvement 
Amendments of 1988. 

{3} t4)Portable x-ray services are medically 
necessary and ordered in writing by the 
attending physician. Services may be 
provided only by providers who are 
Medicare certified and inspected by the 
N.C. Division of Facility Services and 
are limited to provision in the patient's 
home or a nur s ing facility place of resi- 
dence . The ordering physician must: 

(a) State the patient's diagnosis, and 

(b) Indicate the condition suspected, and 

(c) Reason why "portable" service is need- 
ed. 

(5) Portable ultrasound services are medical- 

ly necessary and ordered in writing by 
the attending physician. Providers must 
be Medicare certified as physiological 



(hi 
in 



labs, assure its personnel are licensed or 
registered in accordance with applicable 
State laws, and comply with 
manufacturer's guidelines for use of and 
routine inspection of equipment. The 
ordering physician must: 
State the patient's diagnosis, and 
Indicate the condition suspected, and 
Reason why "portable" service is need- 
ed. 



Authority G.S. W8A-25(b); 108A-54; 42 C.F.R. 
440.30; 40 C.F.R. 441.16; 42 C.F.R. Part 493. 

.0120 DURABLE MEDICAL 
EQUIPMENT 

(a) Medically necessary durable medical equip- 
ment (DME) is covered by the Medicaid program 
when it is prescribed by a physician. Prior ap- 
proval must be obtained from the Division of 
Medical Assistance, or its designated agent. 

(b) Payment for durable medical equipment is 
limited to the official, approved DME list estab- 
lished by the Division of Medical Assistance. 
Additions, deletions or revisions to the DME list 
are approved by the Director of the Division of 
Medical Assistance upon recommendation of DMA 
staff and/ef consultants. Only items determined to 
be medically necessary, effective and efficient may 
be included. 

(c) Providers must possess a state — business 
license and be certified to participate in Medicare 
a s a DME supplier, or be meet the following 
conditions to qualify for participation \_n the Med- 
icaid Program: 

(1 ) Not accept prescriptions for Medicaid 
covered equipment from any physician 
or practitioner who has an ownership 
interest in the provider's DME busi- 
ness, and 

(2) Be enrolled and participate in Medicare 
as a DME supplier, and 

(3) Provide services on an emergency basis 
24 hours per day, seven days per week 
for life sustaining equipment, and 

(4) Be located within the boundaries of NC 
or in an adjoining state from whom NC 
recipients living on the border use the 
provider as a general practice, and 

(5) Be either: 

(A) A business entity authorized to con- 
duct business in the state or j_n the 
locality where the business site is 
located. Proof of authorization shall 
include a certificate of assumed name. 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1843 



PROPOSED RULES 



certificate of authority, certificate of 
good standing, license, permit, or 
privilege license, or 
(B) A Medicaid enrolled home health 
agency, a state agency, a local health 
department, a local lead agency for 
the Community Alternatives Program 
for Disabled Adults, or for the men- 
tally retarded or developmentally 
disabled, or a local lead an agency 
that provides case management for the 
Community Alternative Program for 
children. 

Authority G.S. 108A-25(b); 42 C.F.R. 
440. 70(b)(3). 

CHAPTER 50 - MEDICAL ASSISTANCE 

SUBCHAPTER 50B - ELIGIBILITY 
DETERMINATION 

SECTION .0100 - COVERAGE GROUPS 

.0101 MANDATORY 

The following groups required by 42 U.S.C. 
1396a (a)(10) (A) (i) shall be eligible for Medic- 
aid: 

Recipients receiving AFDC. 

Deemed recipients of AFDC including: 
Individuals denied AFDC solely be- 
cause the payment amount would be 
less than ten dollars ($ 10.00), 
Participants in AFDC work supplemen- 
tation programs approved in the AFDC 
State Plan. 

Individuals deemed to be AFDC recipi- 
ents for four months following termina- 
tion of AFDC due to collection or 
increased collection of child support. 
Individuals receiving transitional Med- 
icaid as described in 42 U.S.C. 1396s 
when AFDC eligibility is lost due to 
increased earnings. 

Individuals for whom an adoption assis- 
tance agreement is in effect or foster 
care maintenance payments are being 
made under Title IV E of the Social 
Security Act as described at 42 U.S.C. 
673 (b). 

Qualified pregnant women as defined at 

42 U.S.C. 1396d(n)(l). 

Qualified children as defined at 42 

U.S.C. 1396d(n)2). 

Pregnant women, during a 60 day period 



(D 

(2) 
(a) 



(b) 



(c) 



(d) 



(e) 



(3) 
(4) 
(5) 



(6, 



(7) 

(8) 

(9) 



(10) 



following termination of the pregnancy, 
for pregnancy related and post partum 
services if they applied for Medicaid 
prior to termination of the pregnancy and 
were eligible on the date pregnancy is 
terminated. 

Infants Children , born to a woman who 
was eligible for and receiving Medicaid 
on the date of the child's birth, for up to 
one year from the date of birth; as long 
as the mother remains eligible for Medic 
aki as described at 42 U.S.C. 1396a(e) 

M). 

Aged, blind or disabled individuals who 
meet financial eligibility criteria more 
restrictive than those of the SSI program. 
Individuals who meet the requirements 
under 42 U.S.C. 1382h(a) or (b)(1). 
Blind or disabled individuals who were 
eligible in December 1973 as blind or 
disabled and who for each consecutive 
month since December 1973 continue to 
meet December 1973 eligibility criteria. 
Individuals who were eligible in Decem- 
ber 1973 as aged, or blind, or disabled 
with an essential spouse and who. for 
each consecutive month since December 
1973. continue to live with the essential 
spouse and meet December 1973 eligibili- 
ty criteria. 

Individuals who in December 1973 were 
eligible as the essential spouse of an 
aged, or blind, or disabled individual and 
who for each consecutive month since 
December 1973. have continued to live 
with that individual who has met Decem- 
ber 1973 eligibility criteria. 
Qualified Medicare Beneficiaries de- 
scribed at 42 U.S.C. 1396d(p). 
Pregnant women whose countable income 
does not exceed the percent of the in- 
come official poverty line, established at 
42 U.S.C. 1396a(l)(2). for pregnancy 
related services including labor and deliv- 
ery. 

Children born after September 30. 1983 
and who are under age 19 who are de- 
scribed at 42 U.S.C. 1396a(l). 
Qualified Disabled and Working Individ- 
uals described at 42 U.S.C. I396d(s). 
Individuals as described at 42 U.S.C. 
1396a(a)(10)(E)(iii). 

Authority G.S. 108A-54; 42 U.S.C. I396a(e)(4); 
42 U.S.C. 1396a (a)(10)(A)(i); 42 U.S.C. 



(11. 



(12) 
(13) 



(14) 
(15) 

:i6 



♦ 



V 



I 



1844 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



1396a(f);42 C.F.R. 435.110; 42 C.F.R. 435.112; 
42 C. F. R. 435. 1 13; 42 C. F. R. 435. 114; 42 C. F. R. 
435.115; 42 C.F.R. 435.116; 42 C.F.R. 435.117; 
42 C.F.R. 435.118; 42 C.F.R. 435. 121:42 C.F.R. 
435.131; 42 C.F.R. 435.132; 
42 C.F.R. 435.133. 

SECTION .0400 - BUDGETING 
PRINCIPALS 

.0403 RESERVE 

(a) The value of resources held by the client or 
by a financially responsible person shall be consid- 
ered available to the client in determining count- 
able reserve for the budget unit. 

(b) Jointly owned resources shall be counted as 
follows: 

( 1 ) The value of resources owned jointly 
with a non-financially responsible per- 
son who is a recipient of another public 
assistance budget unit shall be divided 
equally between the budget units: 

(2) The value of liquid assets and personal 
property owned jointly with a 
non-financially responsible person who 
is not a client of another public assis- 
tance budget unit shall be available to 
the budget unit member if he can dis- 
pose of the resource without the consent 
and participation of the other owner or 
the other owner consents to and. if 
necessary, participates in the disposal of 
the resource: 

(3) The client's share of the value of real 
property owned jointly with a 
non-financially responsible person who 
is not a member of another public 
assistance budget unit shall be available 
to the budget unit member if he can 
dispose of his share of the resource 
without the consent and participation of 
the other owner or the other owner 
consents to and. if necessary, partici- 
pates in the disposal of the resource. 

(c) Terms of a separation agreement, divorce 
decree, will, deed or other legally binding agree- 
ment or legally binding order shall take precedence 
over ownership of resources as stated in (a) and 
(b) of this Rule, except as provided jn Paragraph 
(o) of this Rule . 

(d) The reserve limit for the budget unit for 
aged, blind or disabled cases shall be determined 
as follows: 

( 1 ) The reserve limit for two persons shall 
be allowed when spouses live together 



in a private living situation or when the 
couple share the same room in long 
term care; 

(2) Allow the reserve limit for one person 
for the Community Alternative Program 
(CAP) client with a spouse at home and 
only count the resources that are avail- 
able to the CAP client in determining 
his countable reserve; 

(3) The reserve limit for one person is 
allowed for the client who is in long 
term care and the spouse remains in the 
home; 

(4) The reserve allowance for one person is 
allowed for the client who is in long 
term care and the spouse is in domicili- 
ary care; 

(5) The reserve limit allowed for a blind or 
disabled minor child who lives with his 
parent or parents or is temporarily 
absent includes the child and the parent 
or parents with whom the child lives; 

(6) The reserve limit allowed for a blind or 
disabled dependent child under age 19 
who is in long term care shall include 
only the child if his care and treatment 
are expected to exceed 12 months, as 
certified by the child's physician. 

(e) Countable resources for Family and 
Children's related cases will be determined as 
follows: 

(1) The resources of a spouse, who is not a 
stepparent, shall be counted in the 
budget unit's reserve allowance if the 
spouses live together or one spouse is 
temporarily absent in long term care 
and the spouse is not a member of 
another public assistance budget unit; 

(2) The resources of a client and a finan- 
cially responsible parent or parents 
shall be counted in the budget unit's 
reserve limit if the parents live together 
or one parent is temporarily absent in 
long term care and the parent is not a 
member of another public assistance 
budget unit; 

(3) The resources of the parent or parents 
shall not be considered if a child under 
age 21 requires care and treatment in a 
medical institution and his physician 
certifies that the care and treatment are 
expected to exceed 12 months. 

(f) The homesite shall be excluded from count- 
able resources when it is the principal place of 
residence for the client. The homesite is defined 



7: IS 



NORTH CAROLINA REGISTER 



December 15, 1992 



1S45 



PROPOSED RULES 



as the house and lot, plus all buildings on the lot, 
in the city or the house and the land the house is 
on, to a maximum of one acre, plus all buildings 
on the acre, in a rural area. 

(1) For all aged, blind or disabled cases 
and medically needy families and chil- 
dren related cases, in addition to the 
principal place of residence, the home- 
site shall include real property contigu- 
ous to the home with a tax value of less 
than twelve thousand dollars ($12,000). 

(2) For all aged, blind or disabled cases the 
equity in the homesite shall be excluded 
when the client is in long term care and 
his spouse, minor children or adult 
disabled children remain in the home or 
a physician has certified in writing that 
the client will return home within six 
months from the date of entry into the 
hospital or long term care facility. 

(g) For categorically needy aged, blind or 
disabled cases without grandfathered protection, 
nonhome property and personal property that is 
income producing shall be excluded from resourc- 
es when the budget unit's equity in the property 
does not exceed six thousand dollars ($6,000) and 
the property produces a net annual return of at 
least six percent of the excludable equity value for 
each income producing activity. 

(h) For medically needy Families and Children 
cases and medically needy aged, blind or disabled 
cases without grandfathered protection, if the client 
or any member of the budget unit has ownership in 
a probated estate, the value of the individual's 
proportionate share of the countable property shall 
be a countable resource unless the property can be 
excluded as the homesite or as income producing 
property, as stated in (e) and (f) of this Rule. 

(i) The equity in non-excluded real property 
shall be counted toward the reserve level of the 
budget unit. 

(j) A motor vehicle shall be determined an 
essential vehicle as follows: 

(1) For aged, blind or disabled individuals 
with grandfathered protection, if public 
transportation cannot be used because it 
is not available or because of his physi- 
cal or mental condition and the vehicle 
is needed to: 
(A) Obtain regular medical treatment, or 
(Bi Retain employment, or 

(C) Go shopping if the shopping area is 
more than one-half mile from the 
client's home, or 

(D) Go shopping if the client is responsi- 



ble for shopping and is physically 
limited from walking one-half mile. 
or 
(E) Transport children to and from school 
and the school is not within reason- 
able walking distance; 
(2) For aged, blind or disabled cases with- 
out grandfathered protection and medi- 
cally needy Family and Children's 
related cases, a vehicle must be special- 
ly equipped for use by a handicapped 
individual, used to obtain regular medi- 
cal treatment, or used to retain employ- 
ment. 
(k) The value of non-excluded motor vehicles 
will be determined by the average wholesale value 
listed in the Red Book. If the vehicle is not listed 
in the Red Book, the value will be determined by 
knowledgeable sources. If the client disagrees 
with the Red Book value he may obtain an apprais- 
al at his own expense based on Part 5 - Supple- 
mental Security Income Manual. 

(1) The current market value of a remainder 
interest in life estate shall be determined by apply- 
ing the remainder interest percentage from the 
chart in the Medicaid Eligibility Manual to the tax 
value of the property. A lower current market 
value for remainder interest may be established by 
offering the interest for sale and the highest offer 
received, if any. is less than the value determined 
by application of the values chart to the tax value, 
(m) For all aged, blind or disabled cases, up to 
one thousand five hundred dollars ($1 ,500) may be 
excluded from countable resources for the client 
and his spouse under the burial exclusion. Apply 
the one thousand five hundred dollar (SI. 500) 
burial exclusion for each individual separately. 
Only the following resources may be excluded and 
they must be excluded in the following order: 

(1) Irrevocable pre-need burial contracts, 
burial trusts, or other irrevocable ar- 
rangements established for burial ex- 
penses: 

(2) Face value of life insurance policies 
that accrue cash value when the total 
face value of all policies for the budget 
unit is one thousand five hundred dol- 
lars ($1,500) or less and the cash value 
was not counted in reserve: 

(3) Revocable burial contracts or trusts 
established for burial expenses. Any 
excess remains a countable resource; 

(4) Cash value of life insurance that has 
been designated for burial expenses if 
the cash value was considered in deter- 



♦ 



^ 



4 



1846 



7:18 



XORTH CAROLI\A REGISTER 



December 15, 1992 



PROPOSED RULES 



mining countable reserve. Any cash 
value in excess of one thousand five 
hundred dollars ($1,500) remains a 
countable resource, 
(n) For all aged, blind or disabled cases and 
medically needy Family and Children's related 
cases, the value of trust funds established for the 
client or for any member of the budget unit is a 
countable resource unless it is determined by the 
courts that the funds are not available for the 
beneficiary of the trust. 
(o) For a married individual: 
( 1 ) resources available to the individual are 
available to his or her spouse who is a 
noninstitutionalized applicant or recipi- 
ent and who is either living with the 
individual or temporarily absent from 
the home, irrespective of the terms of 
any will, deed, contract, antenuptial 
agreement, or other agreement, and 
irrespective of whether or not the indi- 
vidual actually contributed the resources 
to the applicant or recipient. All re- 
sources available to an applicant or 
recipient under these rules must be 
considered when determining his or her 
countable reserve. 

For an institutionalized spouse as de- 
fined in 42 U.S.C. I396r-5(h), avail - 



ill 



able resources shall be determined jn 

accordance with 42 L'.S.C. 1396r-5(c). 

except as specified jn Paragraph (p) of 

this Rule. 
fe-} (p) For an institutionalized individual, the 
availability of resources are determined in accor- 
dance with 42 U.S.C. 1396r-5. Resources of the 
community spouse are not counted for the institu- 
tionalized spouse when: 

( 1 ) Resources of the community spouse 
cannot be determined or cannot be 
made available to the institutionalized 
spouse because the community spouse 
cannot be located; or 

(2) The couple has been continuously sepa- 
rated for 12 months at the time the 
institutionalized spouse enters the insti- 
tution. 

Authority G.S. 108A-54; 108A-55; 143-127. 1(d); 
S.L. 1983. c. 1116:42 U.S.C. 1396r-5:42 U.S.C. 
1396a(a)(17);42 U.S.C. 1396a(a)(51); 42 C.F.R. 
435.602; 42 C.F.R. 435. 711; 42 C.F.R. 435. 712; 
42 C. F. R. 435. 723; 42 C F. R. 435. 734; 42 C. F. R. 
435.821; 42 C.F.R. 435.822; 42 C.F.R. 435.823; 
42 C.F.R. 435.845; 45 C.F.R. 233.20; 45 C.F.R. 



233.51; Deficit Reduction Act of 1984 (P.L. 
98-369), Section 2373; Schweiker v. Gray Pan- 
thers. 453 U.S. 34. 101 S. ct. 2633. 69 L. Ed. 2d 
460 (1981). 



.0405 



CERTIFICATION AND 
AUTHORIZATION 

(a) Certification. 



(1 



(A 



(B) 
(C) 



Certification periods shall be for: 
One. two or three months if a medical 
service covered by the state's program 
was received in the three months prior 
to the month of application and the 
client would have been eligible had he 
applied; or 

Not more than four months for AFDC 
cases terminated due to child care; or 
Six months for medically needy cli- 
ents, clients in long term care, with 
income other than or in addition to 
SSI. Family and Children's related 
cases and children in county custody 
or for whom the county has placement 
responsibility , and categorically needy 
aged, blind or disabled clients who 
have deductibles or unstable incomes; 
or 

Twelve months for categorically 
needy aged, blind or disabled clients 
who are [n a private living arrange- 
ment and have no deductible and their 
whose incomes are stable, clients who 
are in long term care and have no 
income other than SSI and children in 
county custody or for whom the 
county has placement responsibility 
who have no deductible and who have 
stable income; or 

(E) Not more than six months for AFDC 
cases terminated for the increased 
earnings or hours of employment; or 

(F) Twelve months for categorically 
needy clients receiving Special Assis- 
tance for the Blind; or 

(G) Twelve months for M-IC cases and 
children who are born to Medicaid 
eligible women as described in Para- 



(D) 



<H> 



graph [6] of Ride .0101 of this Sub- 
chapter or through month of next 
birthday, whichever [s earlier; or 
fF->A lesser number of months if the 
client dies before the application is 
completed or if the client is a budget 
unit member of another case and the 
months remaining in the certification 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1847 



PROPOSED RULES 



til 



period for that case are less than six 
or twelve months as stated in (a) (1) 
(C) or (D) of this Rule. 
Begin M-PW certification with first 



month of M-PW coverage and end on 
the last day of month in which falls 
the 60th day after the termination of 
pregnancy. 

(2) Certification periods shall begin: 

(A) With the first month of retroactive 
medical need except that if the months 
are not consecutive, each month is a 
separate certification period; or 

(B) With the month of application except 
that if application is made in anticipa- 
tion of a future medical need within 
the application processing period, the 
certification begins with the month of 
medical need; and 

(C) On the first day of the month of 
certification as stated in (a) (2) (A) 
and (B) of this Rule. 

(3) Certification is established when a 
client meets all conditions of eligibility 
for the program except that he must 
incur medical expenses equal to the 
amount by which his income exceeds 
the income levels. 

(4) Certification shall be terminated when 
the client's predicted medical expenses 
not subject to payment by a third party 
indicate that he cannot meet the amount 
of his deductible. 

(5) A twelve month certification period 
shall be adjusted to two six month 
periods when a change in the client's 
situation results in his having a deduct- 
ible or his income becomes unstable. 

(6) Certification periods shall run consecu- 
tively unless the client's case is termi- 
nated and he reapplies at a later date. 
Certification periods shall not overlap 
except that months included in a previ- 
ous application which was denied, may 
be included as retroactive months in a 
new application. 

(b) Authorization. 

(1) Eligibility shall be authorized when a 
client meets all conditions of eligibility, 
including meeting a deductible if one is 
required. 

(2) The period authorized shall be the 
portion of the certification period for 
which all conditions of eligibility are 
met. 



(3) The beginning and ending dates of the 
authorization period are stated in Rule 
.0204 of this Subchapter. 

Authority G.S. 108A-54; 42 C.F.R. 435.112; 42 
C.F.R. 435.914. 

TITLE 1 1 - DEPARTMENT OF 
INSURANCE 

i\ otice is hereby given in accordance with G.S. 
150B-21.2 that the Department of Insurance 
intends to repeal rules cited as 11 NCAC 10 . 1506 
- .1508 and 11 NCAC HE .0106. 

1 he proposed effective date of this action is 
March 1. 1993. 

1 he public hearing will be conducted at 10:00 
a.m. on January 6. 1993 at the Dobhs Building, 
3rd Floor Hearing Room, 430 N. Salisbury Street, 
Raleigh, NC 27611. 

MXeason for Proposed Action: To modernize and 
improve the rules governing nuirket conduct exami- 
nations of insurance companies and retention of 
records by domestic insurance companies. 

Comment Procedures: Written comments may be 
sent to Ellen Sprenkel, 430 N. Salisbury Street, 
Raleigh, NC 2761 1. Oral presentations may be 
made at the public- hearing. 

CHAPTER 10 - PROPERTY AND 
CASUALTY DIVISION 

SECTION .1500 - MARKET CONDUCT 
EXAMINATION SECTION 

.1506 REPORT AND COLLECTION 
PROCEDURES 

(a) Th e form of th e mark e t conduct r e port shall 
b e as stat e d in 1 1 NCAC 1 1C .0102. 

fb} — Th e r e production of th e r e port shall b e as 
stat e d in 11 NCAC 11C .0103. 

Coll e ction — proc e dures — for — e xaminat i on 



e xp e n s es and "days work e d" charges shall be ns 
stated in 11 NCAC I1C .0118, provid e d, that if 
d e partm e nt p e rsonn e l who se u s ual duties includ e 
mark e t — conduct — examinations — ape — a s sign e d — te 
inv e stigat e an all e g e d violation of a sp e cific incur 
anc e s tatut e or statut e s, "days work e d" charges and 



1848 



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NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



expenses resulting from such inve s tigation shall be 
hilled in a manner eon s i s tent with G.S. 58 1 8 . 

Statutory Authority G.S. 57-10: 58-16; 58-16.2; 
58-18; 58-63. 

.1507 MAINTENANCE OF RECORDS 

fa-) — Eaeh in s urer shall maintain for at least three 
years all records whieh are required by Chapter s 
57 and 58 of the North Carolina General Statutes. 

fb) — Every agency, agent, broker or producer of 
record shall maintain a file for each policy sold, 
and said file s hall contain all work papers and 
written communications in his po s se ss ion pertain 
ing to the policy documented therein. This Section 
shall not apply to insurers. 

fe) — Nothing in this Rule shall be con s trued to 
prohibit — an — insurer, — agency. — agent, — broker or 
producer of record from using electronic or photo 
graphic processe s to s tore such records. 

Statutory Authority G.S. 57-10; 58-9; 58-9.2; 
58-15; 58-25; 58-25. 1; 58-26; 58-27. 

.1508 COMPLAINT RECORDS 

Each insurer shall maintain or cau s e to be main 
taincd a record of all written comp l aint s li s ting the 
name of the in s ured, the nature of the complaint, 
the department subject to the complaint, the policy 
or claim number of the insured, and the disposition 
of the complaint. Thi s record s hall be retained for 
at lea s t three year s . 



Statutory Authority G.S. 57-10; 58-9; 
58-25. 1; 58-26; 58-27; 58-54.5; 58-54. 6. 



58-16; 



CHAPTER 11 



FINANCIAL EVALUATION 
DIVISION 



Statutory Authority G.S. 58-9.1. 

1\ otice is hereby given in accordance with G.S. 
150B-21.2 that the Department of Insurance 
intends to amend rule cited as 11 NCAC 11C 
.0105. 

1 he proposed effective date of this action is 
March 1, 1993. 

1 he public hearing will be conducted at 10:00 
a.m. on January 6, 1993 at the Dobbs Building, 
3rd Floor Hearing Room, 430 N. Salisbury Street, 
Raleigh, NC 27611. 

Reason for Proposed Action: To modernize and 
improve the rules governing retention of records b\ 
domestic insurance companies. 

Comment Procedures: Written comments may be 
sent to Ray Martinez, P.O. Box 26387, Raleigh, 
NC 2 761 1 . Oral presentations may be made at the 
public hearing. Anyone having questions should 
call Ray Martinez at 733-5633, or Ellen Sprenkel 
at 733-4529. 

CHAPTER 1 1 - FINANCIAL EVALUATION 
DIVISION 

SUBCHAPTER 11C - ANALYSIS AND 
EXAMINATIONS 

SECTION .0100 - GENERAL PROVISIONS 



SUBCHAPTER HE - TAX AND 
STATISTICAL 

SECTION .0100 - GENERAL PROVISIONS 

.0106 MICROFILMING OF COMPANY 
RECORDS 

Every domestic in s urer must maintain all records 
in original form for the years for whieh no s tatuto 
ry examination has yet been made, regardless of 
when such original record s arc microfilmed. — The 
m i crofilming of original records s hould in no way 
ultcr the company's basic record retention sched 

vt\e-. Every foreign in s urer licen s ed — i-n — North 

Carolina s hall be in substantial compliance here 
with. 



.0105 RETENTION OF RECORDS OF 
DOMESTIC INSURANCE 
COMPANIES 

(a) All records of domestic insurance companies 
mu s t shall be maintained by the company for the 
years for which a statutory examination has not yet 
been compl e t e d and all completed. All books of 
original entry, corporate records and premium 
payment records s hould shall be retained indefi- 
nitely. 

(b) Any claim file wherein a minor is involved 
s hould shall be maintained until that minor has 
r e ach e d majority, attained the age of majority. 
Any and all All tax and tax related questions or 
litigation s hould have be e n resolved prior to th e 
di s po s ition — of any — p e rtin e nt — r e cord s — having — a 



7:7,'? 



NORTH CAROLINA REGISTER 



December 15, 1992 



1849 



PROPOSED RULES 



bearing thereon, shall be resolved or finally adju- 
dieated before the destruction of any records 
related thereto. 

(c) All records that are required to be main- 
tained by this Rule shall be either original or 
duplicate records, as defined in this Rule. 

(d) For the purpose of this Rule, an "original 
record" is the writing or recording itself or any 
counterpart intended to have the same effect by a 
person executing or issuing YL An "original" of a 
photograph includes the negative or any print 
therefrom. If data are, in the normal and ordinary 
course of business, stored in a computer or similar 
device, any printout or other output readable by 
sight, shown to reflect the data accurately, js an 
"original record". 

(e) For the purpose of this Rule, a "duplicate 
record" jj> a counterpart produced by the same 
impression as the original record, or from the 
same matrix, or by mechanical or electronic re- 
recording or by chemical reproduction, or by 
equivalent techniques, such as imaging or image 
processing, that accurately reproduce the original 
record. 

(f) If only duplicate records are maintained, the 
following requirements must be met: 

( 1 ) The data must be easily accessible to 
the Department in readable form; and 
readable, reproduced copies must be 
obtainable; 

(2) Before the destruction of any original 
records, the company in possession of 
the original records shall: 

(A) Verify that the records stored consist 
of all information contained in the 
original records and that the original 
records can be reconstructed there- 
from in a form acceptable to the 
Department: and 

(B) Implement disaster preparedness or 
disaster recovery procedures that 
include provisions for the maintenance 
of duplicate records at another loca- 
tion; and 

(3) Adequate controls must be established 
with respect to the transfer and mainte- 
nance of data. 

(g) Even' foreign insurer licensed in North 
Carolina shall be insubstantial compliance with this 
Rule. 

Statutory Authority G.S. 58-2-40(1): 58-2-50; 58- 
2-131; 58-2-132; 58-2-133; 58-2-145; 58-2-155; 
58- 19-35; 58-20-30; 58-22-20(6); 58-23-25; 58-24- 
135; 58-27-10; 58-39-70; 58-48-65; 58-49-55; 58- 



62-66; 58-63-20; 58-64-55; 58-65-105; 58-67-100. 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the N. C. Department of Insurance 
intends to adopt rules cited as 11 NCAC 19 .0001 
- .0007. 

1 he proposed effective date of this action is 
March 1. 1993. 

1 he public hearing will be conducted at 10:00 
a.m. on January 6, 1993 at the 3rd Floor Hearing 
Room, Dobbs Building, 430 N. Salisbury Street. 
Raleigh. N.C. 27611. 

LVeason for Proposed Actions: To modernize and 
improve the rules governing market conduct exami- 
nations of insurance companies. 

(comment Procedures: Written comments may be 
sent to Jerry Polenz, Market Conduct Division, 
N.C. Dept. of Insurance, 112 Cox Avenue, Ra- 
leigh. N.C. 27605. Oral presentations may be 
made at the public hearing. Anyone having ques- 
tions should call Jerry Polenz at 733-0055 or Ellen 
Sprenkel at 733-4529. 

CHAPTER 19 - MARKET CONDUCT 
DIVISION 

.0001 REPORT AND COLLECTION 
PROCEDURES 

(a) The form of the market conduct report shall 
be as stated in 1 1 NCAC 11C.0102. 

(b) The reproduction of the report shall be as 
stated in 11 NCAC 11C.0103. 

(c) Collection procedures for examination 
expenses and "days worked" charges shall be as 
stated in 1 1 NCAC 1 ICO 1 18, provided, however, 
that if department personnel whose usual duties 
include market conduct examinations are assigned 
to investigate an alleged violation of a specific 
insurance statute or statutes, then "days worked" 
charges and expenses resulting from such investi- 
gation shall be billed i_n a manner consistent with 
G.S. 58-2-155. 

Statutory Authority G.S. 58-2-40(1): 58-2-50: 58- 
2-131: 58-2-132: 58-2-133: 58-2-145: 58-2-155: 
58-6-5: 58-20-30: 58-21-40: 58-21-75: 58-22- 



1850 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



20(6); 58-23-25; 58-24-135; 58-27-10; 58-39-70; 
58-48-65; 58-49-55; 58-56-16; 58-62-66; 58-63- 
20; 58-64-55; 58-65-105; 58-67-100. 

.0002 MAINTENANCE OF RECORDS 

(a) Every insurer licensed to do business in this 
State shall maintain for not less than three years all 
records, books, documents, and other business 
records that are required by Chapter 58 of the 
General Statutes. This data shall be maintained i_n 
such an order that information can be readily 
ascertained by the department upon a market 
conduct examination. 

(b) Every agency, agent, broker, or producer of 
record shall maintain a file for each policy sold, 
and said file shall contain all work papers and 
written communications in his possession pertain- 
ing to the policy documented therein. These 
records shall be retained for not less than three 
years . 

StatutoryAuthority G.S. 58-2-40(1 ); 58-2-50; 58-2- 
131; 58-2-132; 58-2-133; 58-2-145; 58-2-185; 58- 
2-190; 58-2-195; 58-2-200; 58-20-30; 58-21-40; 
58-21-75; 58-22-20(6); 58-23-25; 58-24-135; 58- 
27-10; 58-39-70; 58-48-65; 58-49-55; 58-56-16; 
58-62-66; 58-63-20; 58-64-55; 58-65-105: 58-67- 
100. 

.0003 COMPLALNT RECORDS 

Each insurer and its agents shall maintain or 
cause to be maintained a record of aU written 
complaints listing the name of the insured, the 
nature of the complaint, the department subject to 
the complaint, the policy or claim number of the 
insured, and the disposition of the complaint. This 
record shall be retained for at least three years. 

Statutory Authority G.S. 58-2-40(1); 58-2-50; 58- 
2-131; 58-2-132; 58-2-133; 58-2-145; 58-20-30; 
58-21-40; 58-21-75; 58-22-20(6); 58-23-25; 58-24- 
135: 58-27-10; 58-39-70; 58-48-65; 58-49-55; 58- 
56-16: 58-62-66: 58-63-20; 58-64-55; 58-65-105; 
58-67-100. 



.0004 POLICY RECORDS 

Each insurer and its agents shal 



maintain or 

cause to be maintained a record of all policies so 
as to show clearly the policy period, basis for 
rating, and if terminated, return premium amounts. 
if applicable. These records shall be retained for 
at least three years. 

StatutoryAuthority G.S. 58-2-40(1 ); 58-2-50; 58- 
2-131; 58-2-132; 58-2-133; 58-2-145; 58-2-190; 



58-2-195; 58-20-30; 58-21-40; 58-21-75; 58-22- 
20(6); 58-23-25; 58-24-135; 58-27-10; 58-39-70; 
58-48-65; 58-49-55; 58-56-16; 58-62-66; 58-63- 
20; 58-64-55; 58-65-105; 58-67-100. 

.0005 CLAIM RECORDS 

Each insurer and its agents shall maintain or 
cause to be maintained a record of all claim re- 
ports so as to show clearly the inception, handling, 
and disposition of each claim. 

Statutory Authority G.S. 58-2-40(1); 58-2-50; 58- 
2-131; 58-2-132; 58-2-133; 58-2-145; 58-2-190; 
58-2-195; 58-20-30; 58-21-40; 58-21-75; 58-22- 
20(6); 58-23-25: 58-24-135; 58-27-10; 58-39-70; 
58-48-65; 58-49-55; 58-56-16; 58-62-66; 58-63- 
20; 58-64-55; 58-65-105; 58-67-100. 

.0006 RECORDS REQUIRED FOR 
EXAMINATION 

(a) Market conduct examinations of property and 
casualty insurers generally include review of the 
following areas of operation: 

(1) Company overview: history and profile, 
company operations and management, 
and certificates of authority; 

(2) Policyholder treatment: consumer com- 
plaints; 

(3) Marketing: policy forms and filings, 
sales and advertising, agency manage- 
ment; 

and 



Li 



Underwriting 



rating practices: 



l5j 



private passenger automobile, home- 
owners, and commercial lines (multi- 
peril, automobile, workers, compensa- 
tion), adverse underwriting decisions 
(cancellations, nonrenewals, and decli- 
nations): 

Claims practices: organization and 
procedures, closed with payment, 
closed without payment, total loss 
settlements (salvage), and subrogation 
litigation, 
(b) Market conduct examinations of life and 

health insurers generally include review of the 

following areas of operation: 

(1) Company overview: history and profile, 
company operations and management, 
and certificates of authority; 

(2) Policyholder treatment: consumer com- 
plaints, nonforfeiture benefits (policy 
loans, cash surrenders, extended term 
and reduced paid-up): 

(3) Marketing: policy forms and filings. 
sales and advertising, and agency man- 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1851 



PROPOSED RULES 



141 



(5) 



agement: 

Underwriting and rating practices: life 

(individual and group), health (individu- 

aJ and group), annuities (individual and 

group); 



Claims practices: life (individual and 
group), health (individual and group) 
annuities (individual and group). 

(c) Specific records relative to these areas of 
operations will usually be requested by prior 
written notification or pre-examination conference. 
These records shall be made available to the 
Market Conduct Division staff upon arrival. 

(d) Additional records shall be made available 
on the date of arrival if the department has re- 
quested that such records be made available for the 
examination. Additional records, not previously 
requested, may be required during and after an 
examination. Appropriate work space and equip - 
ment shall be provided to the examiners to expe- 
dite the examiners' review of the records. 

Statutory Authority G.S. 58-2-40(1); 58-2-50; 58- 
2-131; 58-2-132; 58-2-133; 58-2-190; 58-2-195; 
58-20-30; 58-21-40; 58-21-75; 58-22-20(6); 58-23- 
25; 58-24-135; 58-27-10; 58-39-70; 58-48-65; 58- 
49-55; 58-56-16; 58-62-66; 58-63-20; 58-64-55; 
58-65-105; 58-67-100. 

.0007 ORIGINAL AND DUPLICATE 
RECORDS 

(a) All records that are required to be main- 
tained by this Chapter shall be either original or 
duplicate records, as defined in this Rule. 

(b) For the purpose of this Chapter, an "original 
record" [s the writing or recording itself or any 
counterpart intended to have the same effect by a 
person executing or issuing it. An "original" of a 
photograph includes the negative or any print 
therefrom. If data are, in the normal and ordinary 
course of business, stored in a computer or similar 
device, any printout or other output readable by 
sight, shown to reflect the data accurately, is an 
"original record". 

(c) For the purpose of this Chapter, a "duplicate 
record" js a counterpart produced by the same 
impression as the original record, or from the 
same matrix, or by mechanical or electronic re- 
recording or by chemical reproduction, or by 
equivalent techniques, such as imaging or image 
processing, that accurately reproduce the original 
record. 

(d) If only duplicate records are maintained, the 
following requirements must be met: 

( 1 ) The data must be easily accessible to 



the Department m readable form: and 

readable, reproduced copies must be 

obtainable; 
(2) Before the destruction of any original 

records, the person in possession of the 

original records shall: 

(A) Verify that the records stored consist 

of all information contained in the 

original records and that the original 

records can be reconstructed there- 



I 



from j_n a form acceptable to the 
Department: and 
(B) Implement disaster preparedness or 
disaster recovery procedures that 
include provisions for the maintenance 
of duplicate records at another loca- 
tion; and 
(3) Adequate controls must be established 
with respect to the transfer and mainte- 
nance of data, 
(e) Every foreign insurer licensed in North 
Carolina shall be i_n substantial compliance with 
this Rule. 

Statutory Authority G.S. 58-2-40(1); 58-2-50; 58- 
2-131; 58-2-132; 58-2-133; 58-2-145; 58-2-185; 
58-2-190; 58-2-195; 58-20-30; 58-21-40; 58-21- 
75; 58-22-20(6); 58-23-25; 58-24-135; 58-27-10; 
58-39-70; 58-48-65; 58-49-55; 58-56-16; 58-62- 
66; 58-63-20; 58-64-55; 58-65-105; 58-67-100. 

TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 

1\ otice is hereby given in accordance with G.S. 
150B-21.2 that the Department of Environment. 
Health, and Natural Resources intends to amend 
rule cited as 15A NCAC 1C .0504. 

1 he proposed effective date of this action is 
March 1. 1993. 

instructions on How to Demand a Public Hearing 
(must be requested in writing within 15 days of 
notice); Any person requesting that the Depart- 
ment hold a public hearing on this proposed 
amendment must submit a written request by 
December 30, 1992. Written requests must be 
submitted to; Bill Flournoy, Chief, Environmental 
Assessment Section, Division of Planning and 
Assessment. P.O. Box 27687. Raleigh, North 
Carolina 27611. 



y 



4 



1852 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



Mxeasonfor Proposed Action: The 1992 session of 
the General Assembly, through House Bill 1596. 
amended G.S. 113A-4(2) to include the "use of 
public land" as an activity requiring environmental 
documentation under the N. C. Environmental 
Policy Act. Further. G.S. 11 3A-9( 11 )(a) defined 
the use of public land to explicitly include the 
"grant of a lease, easement, or permit authorizing 
private use of public land". These changes be- 
came effective October 1, 1992. Tlie proposed 
rule will establish those activities which are pre- 
sumed to leave minor impacts and therefore not 
require environmental documentation. 

y^omment Procedures: Interested persons may 
contact Mr. Bill Flournoy at (919) 733-6376 for 
more information regarding this Rule. Written 
comments must be received no later than 5:00 p.m. 
on January 14, 1993. Submit all comments to Mr. 
Bill Flournoy, Chief, Environmental Assessment 
Section, Division of Planning and Assessment, 
P.O. Box 27687. Raleigh. North Carolina 27611. 

fc/ditor's Note: Tliis Rule was filed as a tempo- 
rary amendment effective December 7, 1992 for 
a period of 180 days or until the permanent rule 
becomes effective, whichever is sooner. 

CHAPTER 1 - DEPARTMENTAL RULES 

SUBCHAPTER 1C - CONFORMITY WITH 

NORTH CAROLINA ENVIRONMENTAL 

POLICY ACT 

SECTION .0500 - MINIMUM CRITERIA 

.0504 NON-MAJOR ACTIVITY 

The following minimum criteria are established 
as an indicator of the types and classes of thresh- 
olds of activity at and below which environmental 
documentation under the NCEPA is not required. 
As set out in Rule .0503 of this Section, the 
Secretary may require environmental documenta- 
tion for activities that would otherwise qualify 
under these minimum criteria thresholds. 

(1) Sampling, survey, monitoring and related 
research activities including but not 
limited to the following: 

(a) Aerial photography projects involving 
the photographing or mapping of the 
lands of the state. 

(b) Biological sampling and monitoring of 
fisheries resources through the use of 



traditional commercial fishing gear, 
electricity, and rotenone. 

(c) Soil survey projects involving the sam- 
pling or mapping of the soils of the 
state. 

(d) Establishing stream gaging stations for 
the purpose of measuring water flow at 
a particular site. 

(e) Placement of monitoring wells for the 
purpose of measuring groundwater 
levels, quantity, or quality. 

(f) Gathering surface or subsurface infor- 
mation on the geology, minerals, or 
energy resources, of the state. 

(g) Placement and use of geodetic survey 
control points. 

(h) Other routine survey and resource 
monitoring activities, or other tempo- 
rary activities required for research into 
the environment which have minimum 
long-term effects, 
(i) Activities that are proposed for funding 

under the North Carolina Community 
Development Block Grant Program that 
are exempt or categorically excluded 
from NEPA under the provisions of the 
Environmental Review Procedures at 24 
CFR Part 58. 
(2) Standard maintenance or repair activities 
as needed to maintain the originally 
defined function of a project or facility 
(but without expansion, increase in quan- 
tity, or decrease in quality) including but 
not limited to the following: 

(a) Routine repairs and housekeeping pro- 
jects which maintain a facility's original 
condition and physical features, includ- 
ing re-roofing and minor alterations 
where in-kind materials and techniques 
are used. This also encompasses struc- 
tures 50 years of age and older and for 
which no separate law. rule, or regula- 
tion dictates a formal review and ap- 
proval process. 

(b) Roads, bridges, parking lots, and their 
related facilities. 

(c) Utilities (water, sewer, and electricity) 
on their existing rights-of-way. 

(d) Storm sewer and surface drainage 
systems. 

(e) Boat ramps, docks, piers, bulkheads, 
and associated facilities at water-based 
recreation sites. 

(f) Diked, highground dredge-material 
disposal areas. 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1853 



PROPOSED RULES 



(g) Activities necessary to fulfill the exist- 
ing requirements of in-effect permits for 
the protection of the environment and 
human health. 

(h) Other maintenance and repair activities 
on previously appro ved projects, con- 
sistent with existing environmental 
documents. 

(i) Activities that are proposed for funding 

under the North Carolina Community 
Development Block Grant Program that 
are exempt or categorically excluded 
from NEPA review under the provi- 
sions of the Environmental Review- 
Procedures at 24 CFR Part 58. 

(j) Activities that are proposed for funding 

under the North Carolina Emergency 
Shelter Grants Program that are exempt 
or categorically excluded from NEPA 
review under provisions of the Environ- 
mental Review Procedures at 24 CFR 
Part 50. 
(3) Minor construction activities including 
but not limited to the following: 

(a) New surface discharge facilities of less 
than 500.000 gallons per day or expan- 
sions of existing facilities with less than 
500.000 gallons per day additional flow 
and where design flows are less than 
one-third of the 7Q10 flow of the 
stream and do not result in a loss of 
any existing use. 

(b) Waste water spray irrigation and rotary 
distributor systems not greater than 
100.000 gallons per day. 

(c) New land application sites for sludge 
disposal with less than 200 total acres 
or expansions of existing permits of less 
than 200 additional acres and for which 
the sludge has been determined to be 
not a hazardous waste. 

(d) Sewer extensions with less than three 
miles of new lines and a design volume 
not exceeding 1.000.000 gallons per 
day. or individual pump stations not 
exceeding 1.000.000 gallons per day. 

(e) New and expanded subsurface waste 
water systems with a final design capac- 
ity not exceeding 100.000 gallons per 
day. 

(f) Groundwater withdrawals of less than 
1 .000.000 gallons per dav where such 
withdrawals are not expected to cause a 
significant alteration in established land 
use patterns, or degradation of ground- 



water or surface water quality. 

(g) Air emissions of pollutants from a 
minor source or modification as defined 
in 15A NCAC 2D .0530. that are less 
than 100 tons per year or 250 tons per 
year as defined therein. 

(h) Dams less than 25 feet in height and 
having less than 50 acre feet of storage 
capacity. 

(i) Routine grounds maintenance and land- 

scaping, such as sidewalks, trails, 
walls, gates, and related facilities, 
including outdoor exhibits, (jj Any 
new building construction involving all 
of the following: 
(i) less than 10,000 square feet; 
(ii) less than two hundred thousand dol- 
lars ($200,000) cost; 
(iii) less than one acre of previously undis- 
turbed ground, unless the site is a 
National Register archaeological site: 
or 
(iv) no handling or storage of hazardous 
materials in the completed facility. 

(k) Demolition of or additions, rehabilita- 
tion and or renovations to a structure 
not listed in the National Register of 
Historic Places or less than 50 years of 
age. 

(1) Reclamation of underground storage 

tanks and restoration of groundwater 
quality. 

(m) Systems that discharge swimming pool 
filter backwash. 

(n) Installation of on-farm Best Manage- 
ment Practices for the N.C. Cost Share 
Program For Nonpoint Source Pollution 
Control codified as 15A NCAC 6E. 

(o) Activities that are proposed for funding 
under the North Carolina Community 
Development Block Grant Program that 
are exempt or categorically excluded 
from NEPA review under the provi- 
sions of the Environmental Review 
Procedures at 24 CFR Part 58. 

(p) Activities that are proposed for funding 
under the North Carolina Emergency 
Shelter Grants Program that are exempt 
or categorically excluded from NEPA 
review under provisions of the Environ- 
mental Review Procedures at 24 CFR 
Part 50. 
(4) Management activities including but not 
limited to the following: 

(a) Replenishment of shellfish beds through 



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1854 



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December 15, 1992 



PROPOSED RULES 



the placement of shell or seed oysters 
on depleted and/or suitable marine 
habitat. 

(b) Creation and enhancement of marine 
fisheries habitat through the establish- 
ment of artificial reefs on Environmen- 
tal Protection Agency, U.S. Army 
Corps of Engineers, National Marine 
Fisheries Service, and U.S. Fish and 
Wildlife Service approved sites, includ- 
ing the use of artificial reef construction 
material requiring an EPA certificate of 
cleanliness from petroleum based prod- 
ucts and other pollutants. 

(c) Placement of fish attractors and shelter 
in public waters. 

(d) Translocation and stocking of native 
fish and wildlife in accordance with 
wildlife management plans. 

(e) Reintroduction of native endangered or 
threatened species in accordance with 
Federal guidelines or recovery plans. 

(f) Production of native and agricultural 
plant species to create or enhance fish 
or wildlife habitat and forest resources, 
including fertilization, planting, mow- 
ing, and burning in accordance with 
management plans. 

(g) Timber harvest in accordance with the 
National Forest Service or the N.C. 
Division of Forest Resources timber 
management plans. 

(h) Reforestation of timberlands in accor- 
dance with the National Forest Service 
or the N.C. Division of Forest Resourc- 
es timber management plans. 

(i) Control of forest or agricultural insects 

and disease outbreaks, by the lawful 
application of labeled pesticides and 
herbicides by licensed applicators, on 
areas of no more than 100 acres. 

(j) Control of aquatic weeds in stream 

channels, canals, and other water bod- 
ies, by the lawful application of labeled 
herbicides by licensed applicators, on 
areas of no more than two acres or 25 
percent of the surface area, whichever 
is less. 

(k) Removal of logs, stumps, trees, and 
other debris from stream channels 
where there is no channel excavation, 
and activities are carried out in accor- 
dance with Stream Obstruction Removal 
Guidelines prepared by the Stream 
Renovation Guidelines Committee of 



the Wildlife Society and the American 
Fisheries Society. 

(1) Dredging of existing navigation chan- 

nels and basins, provided that the spoil 
is placed in existing and approved high 
ground disposal areas. 

(m) Controlled or prescribed burning for 
wildlife and timber enhancement in 
accordance with applicable management 
plans. 

(n) Drainage projects where the mean 
seasonal water table elevation will be 
lowered less than one foot over an area 
of one square mile or less. 

(o) Manipulation of water levels in reser- 
voirs or impoundments in accordance 
with approved management plans, for 
the purpose of providing for water 
supply storage, flood control, recre- 
ation, hydroelectric power, and fish and 
wildlife. 

(p) Specific modifications in previously 
permitted discharges resulting in an 
increased flow of less than 500,000 
gallons per day. 

(q) Installation of on-farm Best Manage- 
ment Practices for the N.C. Cost Share 
Program For Nonpoint Source Pollution 
Control codified as 15A NCAC 6E. 

(r) Continuation of previously permitted 

activities where no increase in quantity 
or decrease in quality are proposed. 

(s) Acquisition or acceptance of real prop- 

erty to be retained in a totally natural 
condition for its environmental benefits, 
or to be managed in accordance with 
plans for which environmental docu- 
ments have been approved. 

(t) Care of all trees, plants, and 

groundcovers on public lands. 

(u) Care, including medical treatment, of 
all animals maintained for public dis- 
play. 

(v) Activities that are proposed for funding 
under the North Carolina Community 
Development Block Grant Program that 
are exempt or categorically excluded 
from NEPA review under the provi- 
sions of the Environmental Review 
Procedures at 24 CFR Part 58. 

(w) Activities that are proposed for funding 
under the North Carolina Emergency 
Shelter Grants Program that are exempt 
or categorically excluded from NEPA 
review under provisions of the Environ- 



7:18 



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December IS, 1992 



1855 



PROPOSED RULES 



oj 



(a) 
Cb) 

Id) 

(e) 

igi 

m 



mental Review Procedures at 24 CFR 

Part 50. 
Private use of public lands including but 
not limited to the following: 

Use of pound nets. 

Mechanical shellfish harvesting. 

Shellfish relaying and transplanting. 

Harvest of shellfish during closed sea- 
sons. 

Special fisheries management activities 

under 15A NCAC 31 .0012. 

Scientific collecting within coastal 

waters. 

Aquaculture operations within estuarine 

waters 

Introduction and transfer of marine and 

estuarine organisms. 



Statutory Authority,- G.S. 113A-4; 113A-6; 113A-9; 
U3A-10; 143B-10. 



A A n: %. Vf * 



^^c^?^^^^^^? 



IX otice is hereby given in accordance with G.S. 
150B-21. 2 that the EHNR-Environmental Manage- 
ment Commission intends to amend rules cited as 
15A NCAC 2H .1001 - .1003. 

1 he proposed effective date of this action is July 
1. 1993. 

1 he public hearings will be conducted on the 

following dates, times and locations: 

January 26. 1993 

2:00 p.m. 

Groundfloor Hearing Room 

512 N. Salisbury Street 

Raleigh. NC 

January 28. 1993 

7:00 p. m. 

Joslyn Hall 

Carteret Community College 

3505 Ar end ell Street 

Morehead City. NC 

IXeason for Proposed Actions: To gather public 
comment on proposals to modify existing 
stormwater management rules (Title 15A NCAC2H 
. 1000). 

EXPLANATION OF PROPOSED RULE AMEND- 



MENTS: Die modifications proposed reflect 
changes to the existing rules in a few basic areas. 
(1 ) The proposed rules consolidate a number of 
existing stormwater management requirements 
currently administered by the Environmental 
Management Cormnission (EMC) and the Division 
of Environmental Management (DEM) into one 
Section of the Rules. Tfie proposed amendments 
consolidate existing stormwater requirements for 
the twenty coastal counties, areas draining to High 
Quality Waters and areas draining to Outstanding 
Resource Waters. Tliis will provide for consistent 
representation of the requirements and make it 
easier for those potentially subject to the rules to 
identify their specific requirements. (2) Tire 
proposed rules offer amendments to requirements 
for issuance of certificates of stormwater compli- 
ance. These amendments are consistent with 
existing practices and provide more clearly defined 
certification requirements that will assure contin- 
ued compliance with issued certifications. (3) 
Proposed amendments to definitions, wording and 
organization of the rules is included for clarifica- 
tion of requirements and to add flexibility. As an 
example, the definition of redevelopment is pro- 
posed to allow for any rebuilding activity that 
provides equal or greater stormwater control than 
the original development. Amendments are also 
proposed to provide clarification and flexibility in 
addressing stormwater impacts and alternatives for 
stormwater management. Tfie amendments include 
removal of a previous exemption for projects that 
resulted in less than one acre of actual built-upon 
area. Tliis change will allow for consistency 
among stormwater requirements and also allow the 
opportunity for further review of projects that max 
impact water quality. The proposed amendments 
also include specific allowance for proven engi- 
neering design alternatives. Tliis flexibility will 
allow for a wider range of proven stormwater 
management alternatives in compliance with the 
Rules. Other modifications are proposed to clarify 
procedural issues and incorporate policy directives 
developed during past implementation of the Rules. 

Die EMC will utilize the information gathered 
during the hearing process to adopt final 
Stormwater Management Rules. It is very impor- 
tant that all interested and potentially affected 
persons or parties make their views known (includ- 
ing the perceived economic and social 
costs/benefits) to the EMC whether in favor of or 
opposed to any and all provisions of the proposed 
Stormwater Management Rules revisions being 
noticed herein. THE EMC MAY. IN ACCOR- 



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December 15, 1992 



PROPOSED RULES 



DANCE WITH N.C.G.S. 150B-21.2 MAKE 
CHANGES IN FINAL RULES WITHOUT 
RENOTICE AND REHEARING AS LONG AS THE 
FINAL RULES ARE A LOGICAL OUTGROWTH 
OF THE PUBLIC HEARING AND PUBLIC COM- 
MENT PROCEEDINGS AND AS LONG AS THE 
ADOPTED RULES DO NOT DIFFER SUBSTAN- 
TIALLY FROM THE PROPOSED RULES. IN 
ACCORDANCE WITH THIS AUTHORITY, THE 
EMC MA Y ADOPT FINAL STORMWATER MAN- 
AGEMENT REQUIREMENTS THAT ARE MORE 
OR LESS STRINGENT THAN THOSE BEING 
NOTICED IF THE EMC DETERMINES THAT 
THE FINAL ADOPTED RULES ARE A LOGICAL 
OUTGROWTH OF THE NOTICE. PUBLIC HEAR- 
ING AND PUBLIC COMMENTS RECEIVED. 

Comment Procedures: All persons interested in 
this matter are invited to attend. Comments, data, 
statements and other information may be submitted 
prior to, during or within 30 days after the last 
public hearing or may be presented verbally at the 
hearings. Verbal statements may be limited at the 
discretion of the hearing officer. Submittal of 
written copies of verbal statements is encouraged. 
Tlie proposed effective date for final Stormwater 
Management Rules pursuant to this hearing pro- 
cess is July I, 1993. ALL INTERESTED AND 
POTENTIALLY AFFECTED PERSONS ARE 
STRONGLY ENCOURAGED TO READ THIS 
ENTIRE NOTICE INCLUDING THE PROPOSED 
RULES AND MAKE THEIR VIEWS KNOWN TO 
THE EMC. Written comments or requests for 
additional information should be submitted to: 
Bradley Bennett, Stormwater Group, Division of 
Environmental Management, P. O. Box 29535, 
Raleigh NC 27626-0535, (919) 733-5083. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2H - PROCEDURES FOR 
PERMITS: APPROVALS 

SECTION .1000 - STORMWATER MAN- 
AGEMENT 

.1001 STORMWATER MANAGEMENT 
POLICY 

(a) The increase in stormwater runoff associated 
with land development activities can substantially 
increase inputs of waste constituents present in 
stormwater to waters of the state over that which 
occurs in natural, undeveloped watersheds. The 



increased pollutant loading from stormwater runoff 
may degrade ambient water quality, adversely 
impact best usage or otherwise violate water 
quality standards. For these reasons, it is the goal 
of the Commission to minimize any water quality 
impacts of development activities to ensure that 
existing and designated uses are maintained and 
protected in accordance with the provisions of this 
Section. In establishing this goal, the Commission 
recognizes that the U.S. Environmental Protection 
Agency wtH — be establishing established permit 
requirements and best management practices for 
stormwater point sources pursuant to the Federal 
Water Pollution Control Act as amended. 

(b) The rules in this Section to control pollutants 
associated with stormwater runoff apply to devel- 
opment of land for residential, commercial, indus- 
trial, transportation, or institutional use but do not 
apply to land management activities associated 
with agriculture or silviculture. 

Statutory Authority G.S. 143-214.1: 143-214.7: 
143-215. 3(a)(1). 

.1002 DEFECTIONS 

The definition of any word or phrase in this 
Section shall be the same as given in Article 21. 
Chapter 143 of the General Statutes of North 
Carolina, as amended. Other words and phrases 
used in this Section are defined as follows: 

( 1 ) ^Development^ means any land disturb- 
ing activity which add s to or changes 
increases the amount of impervious or 
partially — imperviou s — cover on — a — tend 
built-upon area or which otherwise de- 
creases the infiltration of precipitation 
into the soil thus altering the hydrological 
characteristics of the area . 

(2) ^Drainage area Area or watershed Water- 
shed" means that area contributing runoff 
to a single point measured in a horizontal 
plane which is enclosed by a ridge line. 

(3) ^Infiltration systems Systems" mean 
stormwater treatment systems designed to 
allow runoff to pass or move (infil- 
trate /ejvfltrate) into the soil s urface . 

(4) ^On-site stormwater Stormwater systems 
Systems" mean the systems necessary to 
control stormwater within an individual 
development project. 

(5) "Off-site s tormwater Stormwater systems 
Systems" mean the systems necessary to 
control stormwater from more than one 
development which i s These systems are 
owned and operated as a duly licensed 



7:18 



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December 15, 1992 



1857 



PROPOSED RULES 



utility or by a local government. 

(6) ^Built-upon area Area" means that por- 
tion of an individual development project 
that is covered by impervious or partially 
impervious cover including buildings, 
pavement, gravel roads, recreation facili- 
ties (e.g.. tennis courts) , etc. but not 
including decking (Note: Wooden slatted 
decks and the water areas of a swimming 
pool are considered pervious) . 

(7) ^Redevelopment^ means any rebuilding 
activity following — fire s , — hurricanes — ef 
other — natural — disaster — or other — public 
restoration — projects — designated — by — the 
Commission which has no net increase in 
built-upon area or which provides equal 
or greater storm water control than the 
previous development (storm water con- 
trols shall not be allowed where other- 



(8) 



(9) 



(10) 



(11) 



(12) 



3) 



wise prohibited) . 

^Wet detention Detention pond Pond" 
means a structure that provides for the 
storage and treatment of runoff and in- 
cludes a designed and maintained perma- 
nent pool of water volume . 
^Coastal Counties^ include Beaufort. 
Bertie, Brunswick. Camden, Carteret. 
Chowan. Craven, Currituck. Dare, 
Gates, Hertford, Hyde, New Hanover, 
Onslow, Pamlico, Pasquotank, Pender, 
Perquimans. Tyrrell, and Washington. 
^Sedimentation/ erosion Erosion control 
Control pteft Plan" means any plan,, 
amended plan or revision to an approved 
plan submitted to the Division of Land 
Resources or delegated authority in ac- 
cordance with G, S, 113A-57 45A 
NCAC 4 B .0005 . 

TAMA major Major development De- 
velopment permit s Permits" mean those 
permits required by the Coastal Resourc- 
es Commission according to 15A NCAC 
7J Sections .0100 and .0200. 
^Vegetative filter Filter" means an area 
of natural or planted vegetation through 
which stormwater runoff flows in a dif- 
fuse manner so that runoff does not 
become channelized and which provides 
for treatment of stormwater runoff 
through infiltration of runoff and filtering 
of pollutants. The defined length of the 
filter shall be provided for in the direc- 
tion of stormwater flow defines the width 
of the filter . 
^Stormwater collection Collection s y s tem 



(15) 



(16) 



LL7) 



System" means any conduit, pipe, chan- 
nel, curb or gutter for the primary pur- 
pose of transporting (not treating) runoff 
btri A stormwater collection system does 
not include grassed swales, swales stabi- 
lized with armoring or alternative meth- 
ods where natural topography prevents 
the use of grassed swales (subject to 
case-by-case review), curb break sys- 
tems, or pipes used to carry drainage 
underneath built-upon surfaces that are 
associated with development controlled 
by the provisions of Rule . 1003(aK3}jJJ 
artd through (a)f3-)(5) in this Section. 
"Curb Break System" means curb and 
gutter installed i_n a development which 
meets low density criteria [15A NCAC 
2H .1003(a)(1) through (a)(5)! with 
breaks in the curb used to convey 
stormwater runoff to grassed swales and 
designed m accordance with Rule 
. 1003(k) of this Section. 
"Vegetative Buffer" means an area of 



1 



natural or established vegetation directly 
adjacent to surface waters through which 
stormwater runoff flows in a diffuse 
manner to protect surface waters from 
degradation due to land disturbing activi- 
ties. The width of the buffer is measured 
horizontally from the normal pool eleva- 
tion of impounded structures, from the 
bank of each side of streams or rivers, 
and from the mean high water line of 
tidal waters, perpendicular to the shore- 
line. 

"Forebay" means a device located at the 
head of a wet detention pond to serve as 
a depository for a large portion of sedi- 
ment. The forebay js typically an exca- 
vated settling basin or a section separated 
by a low weir. 

"Water Dependent Structures" means a 
structure for which the use requires 
access or proximity to or siting within 
surface waters to fulfill its basic purpose, 
such as boat ramps, docks, and bulk- 
heads. Ancillary facilities such as restau- 
rants, outlets for boat supplies, parking 
lots and boat storage areas are not water 
dependent uses. 

"Ten Year Storm" means the surface 
runoff resulting from a rainfall of an 
intensity expected to b_e equalled or ex- 
ceeded, on the average, once in J_0 years, 
and of a duration which will produce the 



I 



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7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



maximum peak rate of runoff, for the 
watershed of interest under average 
antecedent wetness conditions. 



(20) 



"Certificate of Storm water Compliance" 
means a permit issued pursuant to 
G.S. 143-215.1 (a)(ll) for aH land dis- 
turbing activities which are regulated by 
this Rule. 

"Seasonal High Water Table" means the 
highest level that groundwater, at atmo- 
spheric pressure, reaches in the soil in 
most years. The seasonal high water 
table is usually detected by the mottling 
of the soil that results from mineral 
leaching. 



Statutory Authority- G.S. 
143-215. 3(a)(1). 



143-214.1; 143-214.7; 



.1003 STORMWATER MANAGEMENT 

(a) Applicability. The intent of the Commission 
is to achieve the water quality protection which 
low density development near productive coastal 
waterSi waters classified as Outstanding Resource 
Waters (ORW), and waters classified as High 
Quality Waters (HOW) would provide. To that 
end. the director Director , by applying the stan- 
dards in this Rule will cause development to 
comply with the antidegradation requirements 
specified in 15A NCAC 2B .0201 by protecting 
high quality waters and highly productive aquatic 
resources from the adverse impacts of uncontrolled 
high density development or the potential failure of 
stormwater control measures. Structural 

Storm water stormwater control measures as de- 
scribed in Paragraphs (c) through (4-) (o) of this 
Rule are required for any development activities in 
the coastal counties^ any development activities 
that drain to Outstanding Resource Waters (ORW). 
or any development activities that are within one 
mile and drain to High Quality Waters (HQW), 
and which require a CAMA major development 
permit or a sedimentation/erosion control plan 
after January — \-. — 19 88 unless the development 
meets the following low density criteria : 

f4-) i s one acre or loss; 

f-2-H 1 ) drains to and is located within one-half 
mile of SA waters or unnamed tributar- 
ies to SA waters; has a built-upon area 
of 25 percent or less, or proposes de- 
velopment of single-family residences 
on lots with one-third of an acre or 
greater with a built-upon area of 25 
percent or less; has no stormwater 
collection system; and built upon area 



is at lea s t 30 feet from surface waters 
has a 30 foot wide vegetative buffer ; 
(34(2) is located in the Coastal Counties ex- 
cept waters as defined |n Subparagraph 
(a)( 1 ) drains to waters other than SA ; 
has a built-upon area of 30 percent or 
less, or proposes development of 
single-family residences on lots with 
one-third of an acre or greater with a 
built upon area of 30 percent or less; 
has no stormwater collection system; 
and built upon area is at least 30 feet 
from surface waters has a 30 foot wide 
vegetative buffer ; 

(3) drains to and is within one mile of High 
Quality Waters (HQW); has a built 
u pon area of j_2 percent or less, or 
proposes development of single family 
residences on lots with one acre or 
greater; has no stormwater collection 
system; and has a 30 foot wide vegeta- 
tive buffer; more stringent stormwater 
runoff control measures may be re- 
quired on a case-by-case basis where it 
is determined that additional runoff 
control measures are required to protect 
water quality and maintain existing and 
anticipated uses of these waters; 

(4) drains to freshwater Outstanding Re- 
source Waters (ORW); has a built upon 
area of J_2 percent or less, or proposes 
development of single family residences 
on lots with one acre or greater; has no 
stormwater collection system; and has a 
30 foot wide vegetative buffer; more 
stringent stormwater runoff control 
measures may be required on a 
case-by-case basis where ft js deter- 
mined that additional runoff control 
measures are required to protect water 
quality and maintain existing and antici- 
pated uses of these waters; 

f4-)(5) controls runoff through an off-site 
stormwater system meeting provisions 
of this Rule and permitted in aoeor 
dance with G.S. 1 4 3 215.1(d) is issued 
a certificate of stormwater compliance ; 

(5-)(6) is redevelopment which meets the re- 
quirements of this Rule to the maximum 
extent practicable; 

<-&)(7) otherwise meets the provisions of this 
Rule and has boat ramps water depen- 
dent structures , public roads and public 
bridges which minimize impervious 
built-upon surfaces, divert stormwater 



7:18 



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December 15, 1992 



1859 



PROPOSED RULES 



away from surface waters as much as 
possible and employ other best manage- 
ment practices to minimize water quali- 
ty impacts; or 
f7->(8) is certified by the Director that the site 
is situated such that water quality stan- 
dards and uses are not threatened and 
the developer demonstrates that the 
development moots the following crito 

f-iftf 

fA-i — tho plans and specification s indicate 
stormwater control — mea s ure s — which 
will be installed in lieu of the require 
ments of thi s Rule, or 
ffr) — the development is located such a 
distance from surface waters that the 
Director determines that impacts from 
pollutants present in stormwater from 
the site will be effectively mitigated. 
Where stormwater controls are re- 
quired to mitigate the impact, the 
controls will be designed m accor- 
dance with Paragraphs (c) through (o) 
of this Rule and will be issued a 
certificate of stormwater compliance. 
Development designed to meet the low density 
requirements in Subparagraphs (a)f2-)(l ) em4 
through (a)fj-)(8) of this Paragraph must demon- 
strate that no areas within the project site are of 
such high density that stormwater threatens water 
quality. 

(b) Certification. To ensure the protection of 
surface waters of the State in accordance with G.S. 
143-214.7. low density and high density develop- 
ments shall be certified as follows: 

( 1 1 Low [Density: Development designed 
to meet the low density requirements in 
Subparagraphs i a 1 1 1 i through <a)(8) of 
this Paragraph shall be issued a certifi- 
cate of stormwater compliance. The 
certificate of stormwater compliance 
shall be issued for such development 
upon approval of low density designa- 
t hMi tiki receipt i_|J" reei'ideJ Deed deed 
restrictions and protective covenants 
used to ensure that subdivisions the 
development activities maintain the 
development consistent with the plans 
and specifications approved by the 
Division^ The deed restrictions and 
protective covenants will include the 
state as a beneficiary' of the restrictions. 
i_2_>+4=H High Density : Projects located in the 
Coastal Counties and projects that drain 
to and are within one mile of High 



Quality Waters (HQW) and projects 
that drain to Outstanding Resource 
Waters) ORW) with stormwater control 
measures designed, operated and main- 
tained in accordance with the provisions 
of this Rule shall be deemed permitted 
issued a certificate of stormwater com- 
pliance pursuant t-e G.S. 

1 4 3 215.1(d)upon receipt of a permit 
from the Division of Coastal Manage 
ment or plan approval from the Divi 
sion of Land Resources (or delegated 
authority) . The certificate of 

stormwater compliance shall be issued 
after deed restrictions and protective 
covenants, including the state as a 
beneficiary of the restrictions, have 
been recorded and stormwater control 
measures and operation and mainte- 
nance plans developed in accordance 
with Paragraphs (c) through (o) of this 
Rule have been approved by the Divi- 
sion. 
In addition. NPDES permits for stormwater point 
sources may be required according to the provi- 
sions of 15A NCAC 2H .0126. 

(c) Structural Stormwater Control Options. 
Stormwater control measures which can be ap- 
proved pursuant to this Rule and which will not be 
considered innovative include: 

( 1 ) Stormwater infiltration systems includ- 
ing infiltration basins/ponds, swales, 
and vegetative filters; and 
Wet detention ponds- ; and 
Devices approved in accordance with 
Paragraph (o) of this Rule. 

(d) Innovative Systems. Innovative measure 
measures for controlling stormwater which are not 
well established through actual experience may be 
approved on a demonstration basis under the 
following conditions: 

There is a reasonable expectation that 
the control measures will be successful; 
The projects are not located near -high 
High quality Quality waters Waters 
i HQW) ; 



(2) 

ill 



(1) 

(2) 



(3) 



(4) 



Monitoring requirements are included 
to verify the performance of the control 
measures; and 

Alternatives are available if the control 
measures fail and will be required when 
the Director determines that the system 
has failed. 
No more than five projects utilizing the same 
innovative control measure will be approved until 



1860 



7:18 



XORTH CAROLIXA REGISTER 



December 15, 1992 



PROPOSED RULES 



the technology is proven over a time frame to be 
determined on a case-by-case basis. These five 
projects will include projects approved since 
November 1, 1986 according to the provisions of 
15A NCAC 2H .0408. 

(e) Design Criteria for Development Draining to 
Coastal Outstanding Resource Waters. Storm water 
control requirements to protect coastal waters 
classified as Outstanding Resource Waters (ORW) 
pursuant to 15A NCAC 2B .0216 shall be deter- 
mined in the process to reclassify the waters as 
ORW. After the Commission has received a 
request to classify Class SA waters as ORW and 
given permission to the Director to schedule a 
public hearing to consider reclassification and until 
such time as specific stormwater design criteria 
become effective, only development which meets 
the requirements of Paragraph (a)f2-)(l ), f5-}(6) or 
{h)(l) will be approved within 575 feet of mean 
high water of these waters. Projects draining to 
saltwaters classified as ORW that impact the Areas 
of Environmental Concern (AEC), determined 
pursuant to G.S. 1 I3A-1 13, shall delineate the 
ORW AEC on the project plans and conform to 
low density requirements as specified in Paragraph 
(a)(1) of this Rule within the ORW AEC. 

(f) Design Criteria for Development High 
Density Projects Draining Directly to and Located 
Within One-half Mile of Class SA waters. 

(1) Direct outlet channels or pipes to SA 
waters are prohibited unless permitted 
in accordance with 15A NCAC 2H 
.0126. 

(2) Infiltration control systems must be 
designed in accordance with Paragraph 
(i) of this Rule to control the runoff 
from all imperviou s surfaces generated 
by one and one-half inches of rainfall. 
The size of the system mu s t take into 
account the runoff from any pervious 
surfaces draining to the s y s tem. 

(3) Runoff in excess of the design volume 
must flow overland through a vegetative 
filter designed in accordance with Sub- 
paragraph (k)(2) of this Rule with a 
minimum width length of 50 feet mea- 
sured from mean high water of SA 
waters. 

(g) Design Criteria For Development — Not 
Draining to SA Waters High Density Projects, 
except as defined jn Paragraphs (e) and (f) of this 
Rule . 

(1) Infiltration Projects located in the 
Coastal Counties shall have structural 
stormwater control systems mu s t — be 



designed to control the runoff from all 
impervious surfaces generated by one 
inch of rainfall in accordance with 
Paragraphs (i) through (o) of this Rule . 
The size of the system must take into 
account the runoff from any pervious 
surfaces draining to the system; 

{3} Wet detention ponds must be designed 

according to methods approved by the 
Director for 85 percent removal of total 
s uspended solids in the permanent pool 
and storage of runoff from a one inch 
rainfall from the site above the permn 
nent pool; 

{3} Vegetative filters arc required for the 

overflow and discharge ef- a+1 

stormwater wet detention ponds. These 
filters s hall be at lea s t 30 feet in length; 

i4j Additional control — measures may be 

required — em — a case by ease — basis — t© 
protect high quality waters or specific 
water uses. 

(2) Projects outside the Coastal Counties 
that drain to Outstanding Resource 
Waters (ORW) or that drain to and are 
within one mile of High Quality Waters 
(HQW) shall have wet detention ponds 
designed in accordance with Paragraph 
0) of this Rule to control the runoff 
from all surfaces generated by one inch 
of rainfall, 
(h) General Engineering Design Criteria For All 
Projects. 

(1 ) The size of the system must take into 
account the runoff at the ultimate 
built-out potential from all surfaces 
draining to the system, including any 
off-site drainage. The storage volume 
of the system shall be calculated to 
provide for the most conservative pro- 
tection using the Rational Method or 
other approved engineering methods; 

(2) All side slopes being stabilized with 
vegetative cover shall be no steeper 
than 3: 1 (horizontal to vertical); 

(3) All stormwater management structures 
shall be located in recorded drainage 
easements for the purposes of operation 
and maintenance and shall have record- 
ed access easements to the nearest 
public right-of-way; 

(4) In accordance with the Antidegradation 
Policy as defined in 15A NCAC 2B 
.0201 , additional control measures may 
be required on a case-by-case basis to 



7:18 



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December IS, 1992 



1861 



PROPOSED RULES 



maintain and protect, for existing and 
anticipated uses, waters with quality 
higher than the standards; 
(5 1 Vegetative filters designed in accor- 
dance with Paragraph (k) of this Rule 
are required from the overflow of all 
infiltration systems and discharge of all 
storm water wet detention ponds. These 
filters shall be at least 30 feet in length, 
except where a minimum length of 50 
feet is required in accordance with 
Subparagraph (f)(3) of this Rule; 
(6) Stormwater controls should be designed 
in accordance with the Technical Guid- 
ance Document developed pursuant to 
Section .1004 of this Rule. 
ffr)iU Infiltration System Requirements. Infiltra- 
tion systems may be designed to provide infiltra- 
tion of the entire design rainfall volume required 
for a site or a series of successive systems may be 
utilized. Infiltration may also be used to pretreat 
runoff prior to disposal in a wet detention ponds. 
The following are general requirements: 



(1) 



(2) 



(3) 



I4i 



(5) 



Infiltration systems shall be a minimum 
of 30 feet from surface waters and 50 
feet from Class SA waters; 
Infiltration systems shall be a minimum 
distance of 100 feet from water supply 
wells; 

The bottom of infiltration systems shall 
be a minimum of 2 feet above the 
seasonal high water table; 
Infiltration systems must be designed 
such that runoff in excess of the design 
volume by-passes the system and does 
not flush pollutants through the system: 
Infiltration systems must be designed to 
completely draw down the design stor- 
age volume to pre s torm — level s the 
seasonal high water table under season- 



(6) 



(7) 



.Si 



al high water conditions within five 
days and a hydrogeologic evaluation 
may be required to determine whether 
the system can draw down in five days: 
Soils must have a minimum hydraulic 
conductivity of 0.52 inches per hour to 
be suitable for infiltration; 
Infiltration systems must not be sited on 
or in fill material, unless approved on a 
case-bv-case basis under Paragraph (o) 
of this Rule : 

Infiltration systems must may be re- 
quired on a case-by-case basis to have 
an observation well to provide ready 
inspection of the system: 



(9) If runoff is directed to infiltration sys- 
tems during construction of the project, 
the system must be restored to design 
specifications after the project is com- 
plete and the entire drainage area is 
stabilized. 
fi-Hi) Wet Detention Pond Requirements. These 
practices can be used as a primary treatment 
device or as a secondary device following an 
infiltration system. Wet detention ponds shall be 
designed for a specific pollutant removal according 
to modeling techniques approved by the Director. 
Specific requirements for these systems are as 
follows: 

(1) the The design storage volume shall be 
above the permanent pool; 

(2) The discharge rate from these systems 
following the one inch of rainfall de s ign 
storm shall be such that the runoff does 
fret draw down to the permanent pool 
level occurs within five days, but not in 
less than two days and that the pond is 
drawn — down — te — the — p e rmanent — p©e+ 
level within at lea s t five days : 

(3) The design permanent pool level mean 
depth shall be a minimum of three feet 
and shall be designed with a surface 
area sufficient to remove 85 percent of 
total suspended solids jn accordance 
with methods approved by the Director : 

(4) The inlet structure must be designed to 
minimize turbulence using baffles or 
other appropriate design features and 
shall be located to avoid short circuiting 
m the pond : 

(5) Pretreatment of the runoff by the use of 
infiltration swales vegetative filters is 
encouraged to minimize sedimentation 
and eutrophication of the detention 
pond^ 

(6) Wet detention ponds will be designed 
with a forebay to enhance sedimentation 
at the inlet to the pond: 

(7) The basin side slopes for the storage 
volume above the permanent pool shall 
be stabilized with vegetation down to 
the permanent pool level and shall be 
designed in accordance with Subpara- 
graph (h)(2). 

fj-)(k) Vegetative Filter Requirements. Vegeta- 
tive filters shall be used as a non-structural method 
for providing additional infiltration, filtering of 
pollutants and minimizing stormwater impacts. 
Requirements for these filters are as follows: 
(1) A distribution device such as a swale 



1862 



7:18 



SORTH CAROLIXA REGISTER 



December 15, 1992 



PROPOSED RULES 



shall be used to provide even distribu- 
tion of runoff over the length across the 
width of the vegetative filter; 

(2) The slope and width length of the vege- 
tative filter shall be determined de- 
signed, constructed and maintained so 
as to provide a non-erosive velocity of 
flow-through the filter for a 10 year. 
2 4 hour storm with a 10 year. 1 hour 
intensity the ten year storm and the 
portion of the filter representing the 
minimum filter width s pecified in Para 
graph s (f) and (g) of this Rule shall 
have a slope of five percent or less i 
where practicable ; 

(3) Vegetation in the filter may be natural 
vegetation, grasses or artificially plant- 
ed wetland vegetation appropriate for 
the site characteristics. 

(1) Curb Break Systems. Projects that meet the 
low density provisions of Paragraph (a)( 1) through 
(4) of this Rule may use curb and gutter with 
breaks in the curb to convey the storm water to 
grassed swales prior to the runoff discharging to 
vegetative filters or wetlands. Requirements for 
these curb break systems are as follows: 

( 1 ) The curb breaks shall be located such 
that the swale can carry the peak flow 
from the ten year storm and the veloci- 
ty of the flow shall be non-erosive; 

(2) The longitudinal slope of the swale 
shall not exceed five percent, where 
practicable; 

(3) The side slopes of the swale shall be no 
steeper than 5: 1 (horizontal to vertical); 

(4) The minimum length of the swale shall 
be 100 feet; 

(5) In sensitive areas, check dams, rock or 
wooden, may be required to increase 
detention time within the swale. 

fk- Hm) Operation and maintenance plans. An 
operation and maintenance plan or manual shall be 
provided by the developer for storm water systems, 
indicating what operation and maintenance actions 
are needed, what specific quantitative criteria will 
be used for determining when those actions are to 
be taken, and who is responsible for those actions 
prior to approval of the development by the Divi- 
sion. The plan must clearly indicate the steps that 
will be taken and who will be responsible for 
restoring a stormwater system to design specifica- 
tions if a failure occurs and will include an ac- 
knowledgement by the responsible party. Devel- 
opment must be maintained consistent with the 
requirements in these plans and modifications to 



these plans must be approved by the Division. 

fB(n) System Design. Stormwater systems must 
be designed by a North Carolina registered profes- 
sional with qualifications appropriate for the type 
of system requiredt to design stormwater manage- 
ment systems; these registered professionals are 
defined as; 

(1) professional engineers; 

(2) landscape architects, to the extent that 
the General Statutes, Chapter 89A. 
allow; and 

(3) registered land surveyors, to the extent 
that the design represents incidental 
drainage within a subdivision, as pro- 
vided in General Statute 89(C)-3(7). 

Upon completion of construction, the registered 
professional appropriate for the type of stormwater 
system designed must certify that the system was 
inspected during construction and was constructed 
in substantial conformity with plans and specifica- 
tions reviewed by the Division and complies with 
the requirements of this Rule prior to issuance of 
the certificate of occupancy . 

(o) Alternative Design Criteria. The Director 
may approve alternative design criteria for 
stormwater systems. Alternative designs shall be 
proven engineering technologies in the treatment of 
stormwater or wastewater. This approval will only 
be given in cases where the applicant can demon- 
strate that the Alternative Design Criteria will 
provide the following; 

Equal or better treatment of the 

stormwater; 



ill 
13] 



Equal or better protection of the waters 

of the state; and 

No increased potential for nuisance 

conditions. 



Statutory Authority- G.S. 143-214.1; 143-214.7; 
143-21 5.1 (J); 143-21 5. 3(a)(1). 



s; x s A 



s; x A x 



ififiififiififi^ifi 



ISotice is hereby given in aceordance with G.S. 
150B-21.2 that the EHNR - Radiation Protection 
Commission intends to adopt rule cited as 15A 
NCAC 11 .0118. 

1 he proposed effective date of this action is Max 
3. 1993. 

1 he public hearing will be conducted at 1:00 
p.m. on January 14. 1993 at the Division of 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1863 



PROPOSED RULES 



Radiation Protection, 3825 Barrett Drive, Room 
101 . Raleigh, NC 27609. 

Keason for Proposed Action: Proposed regula- 
tions. Section .1600 "Standards for Protection 
Against Radiation " will not become effective until 
January], 1994. This proposed rule provides for 

early compliance of Section . 1600 by the agency's 
registrants and licensees. 

Ksomment Procedures: Written comments should 
be submitted to the Division of Radiation Protec- 
tion. PO Box 27687. Raleigh. NC 27611-7687. 
Written comments will be accepted until January 
31. 1993. Any person requiring information 
concerning the proposed rule should contact 
Richard M. Fry. Deputy Director, at 919'571- 
4141. 

CHAPTER 1 1 - RADIATION PROTECTION 

SECTION .0100 - GENERAL PROVISIONS 

.0118 OPTIONAL EARLY COMPLIANCE 
WITH SECTION .1600 

Any licensee or registrant may choose to imple- 
ment the rules ]_n Section . 1600 of this Chap ter 
prior to the January _L 1994 effective date of that 
Section, in lieu of the rules in Section .0400 of 
this Chapter. provided such licensee or registrant 
shall: 

( 1 ) implement all rules in Section . 1600 of 
this Chapter, except as exempted by the 
provisions of Rule . 1602(c) of this Chap- 
ter: 

(2) comply with the rules in Section . 1600 of 
this Chapter in lieu of any rule in Section 
.0400 of this Chapter that is cited in 
license or registration conditions, except 
as otherwise provided in Rule . 1602 of 
this Chapter: and 

(3) provide written notification of implemen- 
tation to the agency at the address in 
Rule .0111 of this Section. 

Statutory Authority G. S. 104E-7 (a)(2): 104E-12(a). 



xxxxxxAxxA* 



X >C X 



IS otic e is hereby given in accordance with G.S. 
150B-21.2 that the EH.XR - Radiation Protection 
Commission intends to amend rules cited as 75.4 
NCAC 11 .1403. .1405. .1412. .1414. .1415. 



.1418 and adopt rules cited as 15A NCAC 11 
.1420 - .1422. 

1 he proposed effective date of this action is May 
3. 1993. 

1 he public hearing will be conducted at 1:00 
p.m. on January 12. 1993 at the Division of 
Radiation Protection. 3825 Barren Drive, Room 
101. Raleigh. NC 27609. 

Keelson for Proposed Action: Clarify definitions, 
correct typographical errors: adopt rules covering 
service personnel who offer tanning equipment 
services: limit age of operators to 18 xears old or 
older with demonstrated literacy skills: and require 
reports of installation. 

Ksomment Procedures: Written comments should 
be submitted to the Division of Radiation Protec- 
tion. P.O. Box 27687. Raleigh, NC 2761 1-7687. 
Written comments will be accepted until January- 
Si , 1993. Any person requiring information 
concerning the proposed rules should contact 
Richard M. Fry, Deputy Director, at (919) 571- 
4141. 

CHAPTER 1 1 - RADIATION PROTECTION 

SECTION .1400 - TANNING FACILITIES 

.1403 DEFINITIONS 

As used in this Section, the following definitions 
shall apply: 



i 



I 



ih 



(2) 



(3) 
(4) 



(5) 



"Agency" means the North Carolina 
Department of Environment. Health, and 
Natural Resources. 

"Consumer" means any individual who is 
provided access to a tanning facility 
which is required to be registered pursu- 
ant to provisions of this Section. 
"Individual" means any human being. 
"Operator" means any individual desig- 
nated by the registrant to operate or to 
assist and instruct the consumer in the 
operation and use of the tanning facility 
or tanning equipment. 
"Person" means any individual, corpora- 
tion, partnership, firm, association, trust, 
estate, public or private institution, 
group, agency, political subdivision of 
this state, any other state or political 



I 



1864 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



(6, 



(7) 



IS, 



(9) 



(10) 



subdivision or agency thereof, and any 
legal successor, representative, agent or 
agency of these entities. 
"Registrant" means any person who is 
registered with the agency as required by 
provisions of this Section. 
"Registration" means registration with the 
agency in accordance with provisions of 
this Section. 

"Tanning components" means any con- 
stituent tanning equipment part, to in- 
clude ballasts, starters, lamps, reflectors, 
acrylic shields, timers, and airflow cool- 
ing systems. 

f&) "Tanning equipment" means ultravio- 
let or other lamps and equipment contain- 
ing such lamps intended to induce skin 
tanning through the irradiation of any 
part of the living human body with ultra- 
violet radiation^ e.g.. beds, booths, fa- 
cials and wands . 

"Tanning equipment services" means the 
installation, sales and servicing of tanning 
equipment and associated tanning compo- 
nents; calibration of equipment used j_n 
surveys to measure radiation and timer 
accuracy; tanning health physics consult- 
ing, e.g. radiation output measurements, 
design of safety programs, training semi- 
nars for tanning operators and service 
personnel. 

{9) "Tanning facility" means any loca- 
tion, place, area, structure or business 
which provides consumers access to 
tanning equipment. For the purpose of 
this definition tanning equipment regis- 
tered to different persons at the same 
location and tanning equipment registered 
to the same person, but at separate loca- 
tions, shall constitute separate tanning 
facilities. 

f4-0-> "Ultraviolet radiation" means elec- 
tromagnetic radiation with wavelengths in 
air between 200 nanometers and 400 
nanometers. 



Statutory Authority G.S. 104E-7(a)(7). 

.1405 APPLICATION FOR REGISTRATION 
OF TANNING FACILITIES 

(a) Each person having a tanning facility on the 
effective date of this Rule shall apply for registra- 
tion of such facility no later than 60 days follow- 
ing the effective date of this Rule. 

(b) Each person acquiring or establishing a 



II 



tanning facility after the effective date of this Rule 
shall apply to the agency for registration of such 
facility prior to beginning operation. 

(c) The application required in Paragraphs (a) 
and (b) of this Rule shall be completed on forms 
provided by the agency and shall contain all the 
information required by such forms and any 
accompanying instructions. 

(d) The agency shall require at least the follow- 
ing information on the forms provided for applying 
for registration of tanning facilities: 

(1) name, physical address, mail address 
and telephone number of the tanning 
facility; 

(2) name(s). mail address(es) and telephone 
number(s) of the owner(s) of the tan- 
ning facility; 

(3) name(s) of the tanning facility opera- 
tori s) with a certification of each 
operator's training as provided in Rules 
.1418(g) and (h) of this Section; 

(4) the manufacturer(s), model number(s) 
and type(s) of ultraviolet lamp(s) or 
tanning equipment located at the tan- 
ning facility; 

(5) name(s) of the tanning equipment sup- 
plier(s), installer(s) and service 
agent(s); 

(6) the geographic areas of the state to be 
covered, if the application is for a 
mobile tanning facility; 

(7) copies of any posted warnings or notic- 
es which are not required by this Sec- 
tion and which address the safety and 
proper use of tanning equipment and 
protective devices; 

(8) copies of the consent forms and state- 
ments which the consumer, parent or 
guardian will be required to sign pursu- 
ant to Paragraphs Rules .1 4 18 (a) and 
(d) of Rule .1418 of this Section; 

(9) procedures which the operator(s) will 
be required to follow for the correct use 
of tanning equipment to include: in- 
structions to the consumer, use of 
protective cycwarc eyewear , suitability 
of prospective consumers for tanning 
equipment use, determination of dura- 
tion of tanning exposures, periodic 
testing of tanning equipment and tim- 
ers, handling of complaints of injury 
from consumers, and records to be 
maintained on each consumer; end 

(10) certification that the applicant has read 
and understands the requirements of the 



7:1 8 



NORTH CAROLINA REGISTER 



December 15, 1992 



1865 



PROPOSED RULES 



LAI 



rules in this Section, such certification 
to be signed and dated by the manager 
and the owner of the tanning facility^ 
each person operating a tanning facility 
shall not allow any individual under 18 
years of age to be the operator of tan- 
ning equipment; and 
each person operating a tanning facility 
or tanning equipment shall meet one of 
the following educational requirements: 
high school diploma; 
high school equivalency; or 
demonstrate basic literacy skills. 



Statutory Authority G.S. 104E-7(a)(7). 

.1412 DENIAL: REVOCATION: 

TERMINATION OF REGISTRATION 

(a) The agency may deny, suspend or revoke a 
certificate of registration applied for or issued 
pursuant to this Section: 

( 1 ) for any material false statement in the 
application for registration or in any 
statement of fact required by provisions 
of this Section; 

(2) because of conditions revealed by the 
application or any report, record, in- 
spection or other means which would 
warrant the agency to refuse to grant a 
certificate of registration on an original 
application; 

(3) for operation of the tanning facility in a 
manner that causes or threatens to cause 
hazard to the public health or safety; 

(4) for failure to allow authorized represen- 
tatives of the agency to enter the tan- 
ning facility at reasonable times for the 
purpose of determining compliance with 
the provisions of this Section, condi- 
tions of the certificate of registration or 
an order of the agency: or 

(5) for violation of or failure to observe 
any of the terms and conditions of the 
certificate of registration, the rules in 
this Section, or an order of the agency. 

(b) Except in cases of willfulness or those in 
which the public health, interest or safety requires 
otherwise, prior to the institution of proceedings 
for suspension or revocation of a certificate of 
registration, the agency shall: 

(1) call to the attention of the registrant, in 
writing, the facts or conduct which may 
warrant such actions, and 

(2) provide reasonable opportunity oppor- 
tunity for the registrant to demonstrate 



or achieve compliance with all lawful 
requirements. 

(c) Any person aggrieved by a decision by the 
agency to deny a certificate of registration or to 
suspend or revoke a certificate of registration after 
issuance may request a hearing under provisions of 
Chapter G.S. 150B of the North Carolina General 
Statutes , Article 3. 

(d) The agency may terminate a certificate of 
registration upon receipt of a written request for 
termination from the registrant. 

Statutory- Authority G.S. 104E-7(a)(7). 

.1414 WARNTNG SIGNS REQUIRED 

(a) The registrant shall conspicuously post the 
warning sign described in Paragraph (b) of this 
Rule within one meter of each tanning station and 
in such a manner that the sign is clearly visible, 
not obstructed by any barrier, equipment or other 
object, and can be easily viewed by the consumer 
before e n e rgizing the tanning equipment is ener- 
gized . 

(b) The warning sign in Paragraph (a) of this 
Rule shall use upper and lower case letters which 
are at least ten millimeters and five millimeters in 
height, respectively, and shall have the following 
wording: 

DANGER - ULTRAVIOLET RADIATION 

-Follow instruction. 

-Avoid overexposure. As with natural 
sunlight, overexposure can cause eye and skin 
injury and allergic reactions. Repeated exposure 
may cause premature aging of the skin and skin 
cancer. 

-Wear protective eyewear. 

FAILURE TO USE PROTECTIVE 
EYEWEAR \4AY RESULT IN SEVERE BURNS 
OR LONG-TERM INJURY TO THE EYES. 

-Medications or cosmetics may increase 
your sensitivity to the ultraviolet radiation. Con- 
sult a phy s ican physician before using sunlamp or 
tanning equipment if you are using medication or 
have a history of skin problems or believe yourself 
to be especially sensitive to sunlight. 

-If you do not tan in the sun, you are 
unlikely to tan from the use of this product. 

Statutory Authority- G.S. W4E-7(a)(7). 

.1415 EQUIPMENT AND CONSTRUCTION 



1866 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



REQUIREMENTS 

(a) The registrant shall use only tanning equip- 
ment manufactured in accordance with the specifi- 
cations set forth in 21 Code of Federal Regulations 
(CFR) Part 1040, Section 1040.20, "Sunlamp 
products and ultraviolet lamps intended for use in 
sunlamp products." The exact nature of compli- 
ance shall be based on the standards in effect at the 
time of manufacture as shown on the device 
equipment identification label required by 21 CFR 
Part 1010. Section 1010.3. 

(b) Each assembly of tanning equipment shall be 
designed for use by only one consumer at a time. 

(c) Each assembly of tanning equipment shall be 
equipped with a timer which complies with the 
requirements of 21 CFR Part 1040, Section 
1040.20(c)(2). The maximum timer interval shall 
not exceed the manufacturer's maximum recom- 
mended exposure time. No timer interval shall 
have an error exceeding plus or minus ten percent 
of the maximum timer interval for the product. 

(d) Tanning equipment electrical circuit s hall be 
approved by the Underwriter Laboratories (UL) or 
Electrical Te s ting Laboratories (ETL). 

(d)fe-) Tanning equipment shall include physical 
barriers to protect consumers from injury induced 
by touching or breaking the lamps. 

(e) All tanning equipment labeling required j_n 
Paragraph (a) of this Rule shall be legible and 
accessible to view. 

Statutory Authority G.S. 104E-7(a)(7). 

.1418 RECORDS: REPORTS AND 

OPERATING REQUIREMENTS 

(a) Prior to initial exposure, the tanning facility 
operator shall provide each consumer the 
opportunity opportunity to read a copy of the 
warning specified in Rule .1414(b) of this Section 
and request that the consumer sign a statement that 
the information has been read and understood. 
For illiterate or visually impaired persons unable 
to sign their name, the warning statement shall be 
read by the operator, in the presence of a witness, 
and the witness and the operator shall sign the 
statement. 

(b) The registrant shall maintain a record of 
each consumer's total number of tanning visits aftd 
including dates and durations of tanning exposures. 

(c) The registrant shall submit to the agency a 
written report of injury for which medical attention 
was sought or obtained from the use of registered 
tanning equipment within five working days after 
occurrence. The report shall include: 

(1) the name of the affected individual. 



(2) the name and location of the tanning 
facility involved, 

(3) the nature of the actual or alleged inju- 
ry, and 

(4) any other information relevant to the 
actual or alleged injury, to include the 
date and duration of exposure and any 
documentation of medical attention 
sought or obtained. 

(d) The registrant shall not allow individuals 
under the age of 18 to use tanning equipment 
unless the individual provides a consent form and 
a statement, described in Paragraph (a) of this 
Rule, signed by that individual's parent or legal 
guardian. 

(e) The registrant shall replace defective or 
burned out lamps, bulbs or filters with a type 
intended for use in the affected tanning equipment 
as specified by the manufacturer's product label 
and having the same spectral distribution (certified 
equivalent lamp). 

(f) The registrant shall replace ultraviolet lamps 
and bulbs, which are not otherwise defective or 
damaged, at such frequency or after such duration 
of use as may be recommended by the manufactur- 
er of such lamps and bulbs. 

(g) The registrant shall certify that all tanning 
equipment operators are adequately trained in at 
least the following: 

( 1 ) the requirements of this Section, 

(2) procedures for correct operation of the 
tanning facility and tanning equipment. 

(3) recognition of injury or overexposure to 
ultraviolet radiation. 

(4) the tanning equipment manufacturer's 
procedures for operation and mainte- 
nance of the tanning equipment, 

(5) the determination of skin type of cus- 
tomers and appropriate determination of 
duration of exposure to registered tan- 
ning equipment, and 

(6) emergency procedures to be followed in 
case of injury. 

(h) Effective January 1 , 1993 the registrant shall 
allow operation of tanning equipment only by 
persons who have successfully completed formal 
training courses which cover the topics in Subpara- 
graphs (g)(1) to (6) of this Rule and have been 
approved by the agency. 

(i) The registrant shall maintain a record of 
operator training required in Paragraphs (g) and 
(h) of this Rule for inspection by authorized 
representatives of the agency. 

(jj No registrant shall possess, use , o perate or 
transfer tanning equipment or their ultraviolet 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1867 



PROPOSED RULES 



radiation sources in such a manner as to cause any 
individual under 1 8 years of age to be exposed to 
radiation emissions from such equipment except in 
accordance with Paragraph (d) of this Rule. 

Statutory Authority G.S. 104E-7(a)(7). 

.1420 PROPOSED SERVICING 

Each person registered pursuant to Rule . 1 405 of 
this Section shall prohibit any person from furnish- 
ing tanning equipment services to their tanning 
equipment or facility until such person provides 
evidence that they are registered with the agency 
as a provider of services in accordance with the 
provisions of Rule .1421 of this Section. 

Statutory Authority G.S. 104-7 (a)(7). 



Persons registered pursuant to Rule .1421 of this 
Section, who sell, lease, transfer, lend, dispose of. 
assemble or install tanning equipment in this state 
shall, within 30 days after each calendar quarter, 
notify' the agency at the address in Rule .1419 of 
this Section, of: 

( 1 ) whether any tanning equipment was 
installed, transferred, or disposed of 
during the calendar quarter; 

(2) the name and address of persons who 
receive tanning equipment during the 
calendar quarter: 

(3) the manufacturer, model and serial num- 
ber of tanning equipment transferred or 
otherwise disposed of; and 

(4) the date of transfer of any tanning equip- 
ment. 



I 



.1421 APPLICATION FOR REGISTRATION 
OF SERVICING OR SERVICES 

(a) Each person who offers tanning equipment 
services to any agency registrant, shall apply for 
registration of such services with the agency within 
30 days following the effective date of this Rule 
or. thereafter, prior to furnishing or offering to 
furnish any of these services. 

(b) The application for registration required in 
Paragraph (a) of this Rule shall be completed on 
an approved agency form and shall contain all 
information required by the agency form and 
accompanying instructions. This information shall 
include, but js not limited to: 

( 1 ) the name, address and telephone num- 
ber of: 

(A) the individual or company to be regis- 
tered: 

(B) the owner(s) of the company; 
description of the services provided: 
the name, training and experience of 
each person who provides services; 
the date of file application and signature 
of the individual to be registered or any 
individual authorized to sign on behalf 
of the company to be registered: and 

(5) any additional information the agency 
determines to be necessary for evalua- 
tion of file application for registration. 

(c) Persons applying for registration under 
Paragraph (a) of this Rule shall certify that they 
have read and understand the requirements of the 
rules in this Section. 

Statutory Authority G.S. 104E-7(a)(7). 

.1422 REPORTS AND INSTALLATION 



Statutory Authority G.S. 104E-7(a)(7). 



12) 
13} 

l4j 



♦ 



t 



1868 



7:18 



XORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



Notice is hereby given in accordance with G. S. 150B-21.2 that the EHNR - Radiation Protection Commission 
intends to amend rules cited as 15A NCAC 11 .0104, .0301, .0307 - .0309, .0311 - .0312, .0314 - .0316. 
.0328, .0331. .0335, .0348 - .0349, .0353, .0502, .0506, .0513 - .0514, .0516. .0520, .0601, .0603 - .0604, 
.0607 - .0610, .0702, .0804, .0901, .0905 - .0907, .0910, .1002, .1004, .1201, .1206, .1214, .1225, .1230, 
.1233. .1238, .1241 - .1242, .1301, .1304, .1307, .1314 - .1315, .1320, .1324; repeal rules cited as 15 A 
NCAC 11 .0401 - .0428 and adopt rules cited as 15 A NCAC 11 .1601 - .1652. 

1 he proposed effective date of this action is January 1 , 1994. 

1 he public hearings will be conducted at 1:00 p.m. and 7:00 p.m. on January 14, 1993 at the Division of 
Radiation Protection, 3825 Barrett Drive, Room 101, Raleigh, NC 27609. 

IXeason for Proposed Actions: Tlie current "Standards for Protection Against Radiation" in 15A NCAC 11 
.0400 have been in effect and relatively unchanged since their original adoption in 1964. Tlie adoption of 
Section .1600 is needed to make our regulations compatible to the U.S. Nuclear Regulatory Commission in 
accordance with our regulatory agreement with that agency. 

(comment Procedures: Written comments should be submitted to the Division of Radiation Protection, P.O. 
Box 27687, Raleigh, NC 27611-7687. Written comments will be accepted until January 31, 1993. Any 
person requiring information concerning the proposed rules should contact Richard M. Fry, Deputy Director, 
at 919-571-4141. 

CHAPTER 1 1 - RADIATION PROTECTION 

SECTION .0100 - GENERAL PROVISIONS 

.0104 DEFINITIONS 

As used in these Rules, the following definitions shall apply. 

( 1 ) "Absorbed dose" means the energy imparted by ionizing radiation per unit mass of irradiated 
material. The units of absorbed dose are the rad and the gray (Gy). 

(2) f44 "Accelerator produced material" means any material made radioactive by use of a particle 
accelerator. 

(3) (3) "Act" means North Carolina Radiation Protection Act as defined in G.S. 104E-1. 

(4-) "Activity" of a quantity of a radioactiv e mat e rial m e ans the quoti e nt of dN by dt. wh e r e dN is th e 

numb e r of s pontan e ou s nuclear tran s formation s which occur in thi s quantity in th e time int e rval dt. 

Not e : — Th e t e rm nucl e ar transformation is meant to d e signate a chang e of nuclid e or an isom e ric transition. 
A sp e cial unit of activity i s th e curi e (Ci). 

(4) Activity is the rate of disintegration (transformation) or decay of radioactive material. The units of 
activity are the curie (Ci) and the becquerel (Bq). 

(5) "Adult" means an individual 18 or more years of age. 

(6) f4) "Agency" means the North Carolina Department of Environment, Health, and Natural Resources. 

(7) fS) "Agreement state" means any state with which the United States Nuclear Regulatory Commission 
has entered into an effective agreement under Subsection 274b. of the Atomic Energy Act of 1954. 
as amended (73 Stat. 689). 

(8) {€) "Airborne radioactive material" means any radioactive material dispersed in the air in the form 
of dusts, fumes, particulates, mists, vapors, or gases. 

<-7-> "Airborn e radioactivity ar e a" m e ans any room, enclosur e , or op e rating ar e a in which airborne 

radioactiv e mat e rial e xists in concentrations in e xc es s of th e amount s sp e cifi e d in Tabl e I, Column 
I of Rul e .0 4 23(a)(1) of this Chapt e r; or any room, e nclosur e , or operating ar e a in which airborne 



7:18 NORTH CAROLINA REGISTER December 15, 1992 1869 



PROPOSED RULES 



radioactive material exi s t s in concentrations which, averaged over the number of hours in any week 
during which individuals are in the area, exceed 25 percent of the amounts specified in Table 1, 
Column 1 of Rule .0 4 23(a)(1) of this Chapter. 

(9) "Airborne radioactivity area" means a room, enclosure, or area in which airborne radioactive 
materials, composed wholly or partly of licensed radioactive material, exist in concentrations: 

(a) in excess of the derived air concentrations (DACs) specified in Appendix B to 10 CFR §j? 20,1001 
- 20.2401, or 

(b) to such a degree that an individual present hi the area without respiratory protective equipment 
could exceed, during the hours an individual is present in a week, an intake of 0.6 percent of the 
annual limit on intake (ALI) or J_2 DAC-hours. 

( 10) "ALARA" (acronym for "as low as is reasonably achievable") means making every reasonable effort 
to maintain exposures to radiation as far below the dose limits in the rules of this Chapter as is 
practical consistent with the purpose for which the licensed or registered activity is undertaken, 
taking into account the state of technology, the economics of improvements in relation to benefits 
to the public health and safety, and other societal and socioeconomic considerations, and in relation 
to utilization of sources of radiation in the public interest. 

(11) "Annual limit on intake" (ALI) means the derived limit for the amount of radioactive material taken 
into the body of an adult worker by inhalation or ingestion in a year. ALI is the smaller value of 
intake of a given radionuclide i_n a year by the reference man that would result in a committed 
effective dose equivalent of five rems (0.05 Sv) or a committed dose equivalent of 50 rems (0.5 Sv) 
to any individual organ or tissue. (ALI values for intake by ingestion and by inhalation of selected 
radionuclides are given in Table J^ Columns f and 2j of Appendix B to J_0 CFR jj_§ 20. 1001 - 
20.2401). 

'Annually" means at intervals not to exceed 12 consecutive months. 



■7 s , 



(13) (8) "Authorized representative" means an employee of the agency, or an individual outside the 
agency when the individual is specifically so designated by the agency under Rule .0112 of this 
Section. 

(14) "Background radiation" means radiation from cosmic sources, naturally occurring radioactive 
materials, including radon (except as a decay product of source or special nuclear material) and 
global fallout as it exists m the environment from the testing of nuclear explosive devices. 
"Background radiation" does not include sources of radiation regulated by the agency. 

(15) "Becquerel" is the SI unit of radioactivity. One becquerel is equal to one disintegration per second 
(s_^ 



16) "Bioassay" or "radiobioassay" means the determination of kinds, quantities or concentrations, and. 
in some cases, the locations of radioactive material in the human body, whether by direct 
measurement (in vivo counting) or by analysis and evaluation of materials excreted or removed from 
the human body. 

( 17) (9) "Byproduct material" means any radioactive material, except special nuclear material, yielded 
in or made radioactive by exposure to the radiation incident to the process of producing or utilizing 
special nuclear material. 

f+&) "Calendar quarter" means not less than 12 consecutive weeks nor more than 1 4 con s ecutive weeks. 

The fir s t calendar quarter of each year s hall begin in January and sub s equent calendar quarter s s hall 
be s o arranged that no day i s included in more than one calendar quarter and no day in any one year 
i s omitted from inclusion within a calendar quarter. — No licensee or registrant s hall change the 
method observed by him of determining calendar quarter s for purposes of these Rules except at the 
beginning of a calendar year. 

( 18) "Class", "lung class" or inhalation class" means a classification scheme for inhaled material 
according to its rate of clearance from the pulmonary region of the lung. Materials are classified 
as EX W, or \\ which applies to a range of clearance half-times as follows: 

CLASSIFICATION OF INHALED MATERIAL 

Class Clearance half-time 

Class D (Day) less than 10 days 

Class W (Weeks) 10 days to 100 days 



1870 7:18 NORTH CAROLINA REGISTER December 15, 1992 



PROPOSED RULES 



Class Y (Years) greater than 100 days 

( 19) "Collective dose" js the sum of the individual doses received in a given period of time by a specified 
population from exposure to a specified source of radiation. 

(20) {44-) "Commission" means the North Carolina Radiation Protection Commission. 

(21 ) "Committed dose equivalent" (H T w ) means the dose equivalent to organs or tissues of reference (T) 
that will be received from an intake of radioactive material by an individual during the 50-year 
period following the intake. 

(22) "Committed effective dose equivalent" (H F <n ) is the sum of the products of the weighting factors 
applicable to each of the body organs or tissues that are irradiated and the committed dose equivalent 
to these organs or tissues (H E 50 =£ w T H T ^^ 

(23) "Controlled area" means an area, outside of a restricted area but inside the site boundary, access to 
which can be limited by the licensee or registrant for any reason. 

{4-5) "Curie" means an activity of 3.7 x 10 — disintegrations per second (dps) or 2.2 x 10 Z di s integration s 

per minute (dpm), except a s provided in Rules .0 4 23 and .0 4 2 4 of thi s Chapter. — Commonly u s ed 
multiples and sub multiples of the curie(Ci) are kiloeurie (lkCi ~ 1000 Ci), millicuric (lmCi — 0.001 
Ci = 3.7 x 10 Z dps or 2.22 x 10 - dpm) and microeuric (1 microeurie = 0.000001 Ci = 3.7 x lO i-dps 
or 2.22 x \0 t dpm). 

(24) "Curie" is the special unit of radioactivity. One curie js equal to 3/7 x 10'" disintegrations per 
second ^_ 3/7 x 10'" becquerels jf. 2.22 x 10' 2 disintegrations per minute. 

(25) "Declared pregnant woman" means a woman who has voluntarily informed her employer, in writing, 
of her pregnancy and the estimated date of conception. 

(26) (4-3-) "Decommission" means to remove (as a facility) safely from service and reduce residual 
radioactivity to a level that permits release of the property for unrestricted use and termination of 
the license. 

(27) "Deep-dose equivalent" (H,,), which applies to external whole-body exposure, is the dose equivalent 
at a tissue depth of one cm (1000 mg/cnr). 

(28) (44) "Department" means the North Carolina Department of Environment, Health, and Natural 
Resources. 

(29) (4-5) "Depleted uranium" means the source material uranium in which the isotope uranium-235 is less 
than 0.71 1 weight percent of the total uranium present. Depleted uranium does not include special 
nuclear material. 

(30) "Derived air concentration" (DAC) means the concentration of a given radionuclide jn air which, 
if breathed by the reference man for a working year of 2,000 hours under conditions of light work 
(inhalation rate 1.2 cubic meters of air per hour), results in an intake of ALL DAC values are given 
in Table L Column 3, of Appendix B to fO CFR &§ 20.1001 ; 20.2041). 

(31 ) "Derived air concentration-hour" (DAC-hour) is the product of the concentration of radioactive 
material in air (expressed as a fraction or multiple of the derived air concentration for each 
radionuclide) and the time of exposure to that radionuclide. i_n hours. A licensee may take 2.000 
DAC-hours to represent one ALL equivalent to a committed effective dose equivalent of five rems 
(0.05 Sv). 

(46) "Dose" mean s , for the purpo s e s of these Rules, absorbed dose or dose equivalent a s appropriate. 

(32) "Dose" (or radiation dose) is a generic term that means absorbed dose, dose equivalent, effective 
dose equivalent, committed dose equivalent, effective dose equivalent, or total effective dose 
equivalent, as defined in other Items of this Rule. 

{4^ "Dose, absorbed" i s the energy imparted to matter by ionizing radiation per unit ma s s of irradiated 

material at the place of interest. — The special unit of absorbed dose is the rad. 

(4-8) "Dose commitment" mean s the total radiation dose to a part of the body that will result from 

retention in the body of radioactive material. — For purpo s e s of e s timating the do s e commitment, it 
is assumed that from the time of intake the period of exposure to retained material will not exceed 
50 years. 

(49) "Do s e equivalent" mean s a quantity that expresses on a common s cale for all radiations, a measure 

of the biological effect on a given organ or organism. — It is defined as the ab s orbed do s e multiplied 
by certain modifying factors. — The unit of do s e equivalent is the rem. 

(33) "Dose equivalent" (H T ) means the product of ffie absorbed dose ]n tissue, quality factor, and all other 



7:18 NORTH CAROLINA REGISTER December 15, 1992 1871 



PROPOSED RULES 



necessary modifying factors at the location of interest. The units of dose equivalent are the rem and 
sievert (Sv). 

(34) "Dose limits" (see "Limits" defined in this Rule). 

(35) "Dosimetry processor" means an individual or an organization that processes and evaluates individual 
monitoring equipment [n order to determine the radiation dose delivered to the equipment. 

(36) "Effective dose equivalent" (H v ) is the sum of the products of the dose equivalent to the organ or 
tissue (H r ) and the weighting factors (w T ) applicable to each of the body organs or tissues that are 
irradiated (H , ^ Sw T H T ). 

(37) "Embryo/fetus" means the developing human organism from conception until the time of birth. 

(38) "Entrance or access point" means any location through which an individual could gain access to 
radiation areas or to a source of radiation. This includes entry or exit portals of sufficient size to 
permit human entry, irrespective of their intended use. 

(39) (30) "Equipment services" means the selling, installation, rebuilding, conversion, repair, inspection, 
testing, survey or calibration of equipment which can affect compliance with these Rules by a 
licensee or registrant. 

(34-) "Exposure" moans the quotient of dQ by dm where dQ is the absolute value of the total charge of 

the ions of one sign produced in air whon all the electrons (both positive and negative) liberated by 
photons in a volume clement of air having mass dm are completely s topped in air. — A special unit 
of exposure is the roentgen (R). 

( 40 ) "Exposure" means being exposed to ionizing radiation or to radioactive material. 

(41) (33) "Exposure rate" means the exposure per unit of time, such as R/min and mR/h. 

(42) "External dose" means that portion of the dose equivalent received from radiation sources outside 
the body. 

(43) "Extremities" means that portion of the dose equivalent received from radiation sources outside the 
body. 

(44) "Eye dose equivalent" applies to the external exposure of the lens of the eye and is taken as the dose 
equivalent at a tissue depth of 0.3 centimeter (300 mg/cnr). 

( 45 ) "Generally applicable environmental radiation standards" means standards issued by the U.S. 
Environmental Protection Agency (EPA) under the authority of the Atomic Energy Act of 1954 (42 
U.S.C. 2D1 1 et seq;), as amended, that impose limits on radiation exposures or levels, or 
concentrations or quantities of radioactive material, [n the general environment outside the boundaries 
of locations under the control of persons possessing or using sources of radiation. 

(33) "Gray", symbolized Gy. means an alternative s pecial unit of dose, s uch that the energy deposition 

is 1 joule (J) per kilogram (kg) of irradiated material. — Multiples and s ub mult i p l e s such as kilogray 
(kGy) = 1000 Gy. or eGy = 0.01 Gy, etc., may he u s ed. Note that 1 cGy = 1 rad. 

(46) "Gray" (Gy) is the SI unit of absorbed dose. One gray js equal to an absorbed dose of one 
joule/kilogram ( 100 rads). 

(34-» "High radiat i on area" mean s any area, acce ss ib l e to individuals, in which there exists radintion(s) 

at such levels that a major portion of an indiv i dual' s body could rece i ve in any one hour a dose 
equivalent in excess of 100 millirem s . 

(47) "High radiation area" means an area, accessible to individuals, in which radiation levels could result 
i_n an individual receiving a dose equivalent [n excess of 0_J_ rem £j_ mSv) in one hour at 30 
centimeters from the radiation source or fro m any surface that the radiation penetrates. 

(48 1 (35-) "Hospital" means a facility that provides as its primary functions diagnostic services and 
intensive medical and nursing care in the treatment of acute stages of illness. 

(49) (36-) "Human use" means the internal or external administration of radiation or radioactive materials 
to human beings. 

(50) (37-) "Individual" means any human being. 

(51 ) "Individual monitoring" means: 

(a) the assessment of dose equivalent by the use of devices designed to be worn by an individual; 

(b) the assessment of committed effective dose equivalent by bioassay (see Bioassay) or by 
determination of the time-weighted air concentrations to which an individual has been exposed, i.e.. 
DAC-hours: or 

let the assessment of dose equivalent by the use of survey data. 

(52) "Individual monitoring devices" or "individual monitoring equipment" means devices designed to be 



1S72 7:18 NORTH CAROLINA REGISTER December 15, 1992 



I 



I 



t 



PROPOSED RULES 



I 



worn by a single individual for the assessment of dose equivalent such as film badges, 
thermoluminescent dosimeters (TLDs), pocket ionization chambers, and personal ("lapel") air 
sampling devices. 
53) "Inhalation class" (see "Class" defined in this Rule). 



(54) 08-) "Inspection" means an official examination or observation to determine compliance with rules, 
regulations, orders, requirements and conditions of the agency or the Commission. 

(55) "Internal dose" means that portion of the dose equivalent received from radioactive material taken 
into the body. 

(56) -(39) "License", except where otherwise specified, means a license issued pursuant to Section .0300 
of this Chapter. 

(57) 00) "Licensee" means any person who is licensed by the agency pursuant to Section .0300 of this 
Chapter. 

(58) 04-) "Licensing state" means any state with regulations equivalent to the Conference of Radiation 
Control Program Directors, Inc. Suggested State Regulations for Control of Radiation relating to, 
and an effective program for, the regulatory control of naturally occurring and accelerator produced 
radioactive material (NARM) and so designated as such by the Conference of Radiation Control 
Program Directors, Inc. Unless the context clearly indicates otherwise, use of the term Agreement 
State in this Chapter shall be deemed to include licensing state with respect to NARM. 

(59) "Limits" or "dose limits" means the permissible upper bounds of radiation doses. 

(60) "Lost or missing licensed radioactive material" means licensed radioactive material whose location 
is unknown. It includes material that has been shipped but has not reached its destination and whose 
location cannot be readily traced in the transportation system. 

(61 ) "Lung class" (see "Class" as defined in this Rule). 

(62) "Member of the public" means an individual in a controlled or unrestricted area; however, an 
individual js not a member of the public during any period in which the individual receives an 
occupational dose. 

(63) "Minor" means an individual less than 18 years of age. 

(64) 03) "Misadministration" means the administration of: 

(a) a radiopharmaceutical or source of radiation other than the one intended; 

(b) a radiopharmeceutical radiopharmaceutical or radiation to the wrong patient; 

(c) a radiopharmaceutical or radiation by a route of administration other than that intended by the 
prescribing physician; 

(d) a diagnostic dosage of a radiopharmaceutical or source of radiation differing from the prescribed 
dosage by more than 50 percent; 

(e) a therapy dosage of a radiopharmaceutical differing from the prescribed dosage by more than ten 
percent; or 

(f) a therapy radiation dose from a source of radiation such that errors in the source calibration, time 
of exposure, or treatment geometry result in a calculated total treatment dose differing from the 
final prescribed total treatment dose by more than ten percent. 

(65) 03-> "Mobile nuclear medicine service" means the transportation and medical use of radioactive 
material. 

(66) "Monitoring", "radiation monitoring" or "radiation protection monitoring" means the measurement 
of radiation levels, concentrations, surface area concentrations or quantities of radioactive material 
and the use of the results of these measurements to evaluate potential exposures and doses. 

(67) 04) "Natural radioactivity" means radioactivity of naturally occurring nuclides. 

(68) "Nonstochastic effect" means health effects, the severity of which varies with the dose and for which 
a threshold is believed to exist. Radiation-induced cataract formation is an example of a nonstochastic 
effect (also called a deterministic effect). 

(69) "NRC" means the United States Nuclear Regulatory Commission or its duly authorized representa- 
tives. 

05) "Occupational dose" mean s the do s e received in n restricted men or in the cour s e of employment in 

which an individual's dutie s involve exposure to radiation; provided that occupational dose shall not 
be deemed to include any dose received by the individual when undergoing medical diagnosis or 
medical therapy. 

(70) "Occupational dose" means the dose received by an individual m a restricted area or in the course 



7:18 NORTH CAROLINA REGISTER December 15. 1992 1873 



PROPOSED RULES 



of employment in which the individual's assigned duties involve exposure to radiation or licensed 
radioactive material, whether in the possession of the licensee or registrant or other person. 
Occupational dose does not include dose received from background radiation, as a patient from 
medical practices, from voluntary participation in medical research programs, or as a member of the 
general public. 

(71 ) (36) "Particle accelerator" means any machine capable of accelerating electrons, protons, deuterons. 
or other charged particles. 

(72) 0^ "Person" means any individual, corporation, partnership, firm, association, trust, estate, public 
or private institution, group, agency, political subdivision of this state, any other state or political 
subdivision or agency thereof, and any legal successor, representative, agent or agency of these 
entities. 

(73) 08) "Personnel monitoring equipment" means devices, such as film badges, pocket dosimeters, and 
thermoluminescent dosimeters, designed to be worn or carried by an individual for the purpose of 
estimating the dose received by the individual. 

(74) (39) "Pharmacist" means an individual licensed by this state to compound and dispense drugs, 
prescriptions and poisons. 

(75) {49) "Physician" means an individual currently licensed to practice medicine in this state. 

(76) "Planned special exposure" means an infrequent exposure to radiation, separate from and in addition 
to the annual dose limits. 

(77) "Public dose" means the dose received by a member of the public from exposure to radiation and 
to radioactive material released by a licensee or registrant, or to another source of radiation either 
within a licensee's or registrant's controlled area or in unrestricted areas . It does not include 
occupational dose or doses received from background radiation, as a patient from medical practices. 
or from voluntary participation in medical research programs. 

(78) "Quality factor" (Q) means the modifying factor that is used to derive dose equivalent from absorbed 
dose. Quality factors are provided in the definition of rem in this Rule. 

(79) "Quarter" means a period of time equal to one-fourth of the year observed by the licensee or 
registrant (approximately 13 consecutive weeks), providing that the beginning of the first quarter jn 
a year coincides with the starting date of the year and that no day js omitted or duplicated in 
consecutive quarters. 

f-44-) "Rnd" means a special unit of measure for ab s orbed dose. — One rod corre s pond s with the absorption 

of 100 ergs of energy per gram of irradiated material at the point of interest. — See also "Gray" as 
defined in thi s Rule. 

(80) "Rad" is the special unit of absorbed dose. One rad [s equal to an absorbed dose of 100 ergs/gram 
or 0.01 joule/kilogram (0.01 gray). 

(43) "Radiation" mean s ionizing radiation and includes: — gamma ray s , x ray s , alpha and beta particles. 

high s peed electrons, neutrons, high speed protons and other nuclear particle s . 

(81 ) "Radiation" (ionizing radiation), except as otherwise defined in Section . 1400 of this Chapter, means 
alpha particles, beta particles, gamma rays, x-rays, neutrons, high-speed electrons, high-speed 
protons, and other particles capable of producing ions. 

(43) "Radiation area" mean s any area, acces s ible to individual s , in which there exi s t s radiation at such 

level s that, a major portion of the body could receive in any one hour a dose in exces s of five 
millirems. or in any five consecutive day s a dose in excess of 100 millirems. 

(82) "Radiation area" means an area, accessible to individuals, in which radiation levels could result m 
an individual receiving a dose equivalent in excess of 0.005 rem (0.05 mSv) in one hour at 30 
centimeters from the radiation source or from any surface that the radiation penetrates. 

(83) "Radiation dose" means dose. 

(84) (44} "Radiation machine" means any device capable of producing radiation except devices which 
produce radiation only from radioactive material. 

(85) (45} "Radiation safety officer" means one who has the knowledge and responsibility to apply 
appropriate radiation protection regulations. 

(86) (46) "Radioactive material" means any material, solid, liquid, or gas, which emits radiation 
spontaneously. 

(87) (47-) "Radioactive waste disposal facility" means any low-level radioactive waste disposal facility, 
as defined in G.S. 104E-5(9c). established for the purpose of receiving low-level radioactive waste, 



1874 7:18 NORTH CAROLINA REGISTER December IS, 1992 



PROPOSED RULES 



as defined in Rule .1202 of this Chapter, generated by another licensee for the purpose of disposal. 

(88) (48) "Radioactive waste processing facility" means any low-level radioactive waste facility, as 
defined in G.S. 104E-5(9b), established for the purpose of receiving waste, as defined in 
Subparagraph (73) of this Rule, generated by another licensee to be stored, compacted, incinerated 
or treated. 

(89) (49) "Radioactivity" means the disintegration of unstable atomic nuclei by emission of radiation. 

(90) "Radiobioassay" means bioassay. 

(91 ) "Reference man" means a hypothetical aggregation of human physical and physiological 
characteristics arrived at by international consensus. These characteristics may be used by 
researchers and public health workers to standardize results of experiments and to relate biological 
insult to a common base. 

(92) (50) "Registrant" means any person who is registered with the agency as required by provisions of 
these Rules or the Act. 

(93) (54) "Registration" means registration with the agency in accordance with these Rules. 

(94) (53) "Regulations of the U.S. Department of Transportation" means the regulations in 49 CFR Parts 
100-189. 

(53) "Rem" mean s a mea s ure of the do s e equivalent delivered by any radiation to body tissue, cxpressod 

in terms of it s estimated biological effect relative to the effect of the dose resulting from irradiation 
of the tissue by one roentgen (1R) of x rays. — One millirem (mrem) equals 0.001 rem. — For the 
purpose of the s e Rule s any of the following is considered to be equivalent to one rem: 

(a) The dose r e ceived when the e xpo s ure is one roentg e n (1R) of x — or gamma — radiation: 

(b-» An absorbed dose of one rad due to x , gamma , or beta — radiation: 

(e) A dose of 0. 1 rad due to neutrons or high energy protons: 

(4) A do s e of 0.05 rad due to particles heavier than protons and with s ufficient energy to reach the lens 

of the eye: 

fe) If it is more convenient to mea s ure the neutron flux, or equivalent, than to determine the neutron 

dose in rads, as provided in Subparagraph (53)(e) of this Rule, one rem of neutron radiation may. 
for purpose s of the s e Rules, be assumed to be equivalent to — 1 4 million neutrons per square 
centimeter incident upon the body: or, if there exi s ts s ufficient information to estimate with 
rea s onable accuracy the approximate distribution in energy of the neutrons, the incident number 
of neutron s per square centimeter equivalent to one rem may be estimated from th e following table: 



7:18 NORTH CAROLINA REGISTER December 15, 1992 1875 



PROPOSED RULES 



neutron 



energy 
(MeV) 



Thermal 



0.0001 



0tW5- 



04J3- 



0t^- 



+45- 



2-5- 



SrQ- 



74^ 



+04)- 



10 to 30 



Neutron Flux Do s e Equivalent s 



number of neutrons per 



s quare centimeter equiv 
to a dose of 1 rem 



alent 



(neutron s /cm i-h 



970 x 10 - 



720 x 10 - 



820 x 10 4 



4 00 x 10 2 



120 x 10 - 



4 3 x 10 -- 



26 x 10 -- 



20 x 10 2- 



26 x 10 - 



2 4 x 10 2 



2 4 x 10 5 



1 4 x 10 2 



average flux to deliver 



♦ 



deliver 100 millirem in 



4 hr s . (neutrons/em i-pef 



-670 



4500 



-576 



-2m 



-80 



■m 



4* 



-3Q 



4* 



47 



47 



W 



(95) 



"Rem" [s the special unit of any of the quantities expressed as dose equivalent. The dose equivalent 
in rents is equal to the absorbed dose in rads multiplied by the quality factor £1 rem ^ 0.01 sievert). 
As used i_n this Chapter, the quality factors for converting absorbed dose to dose equivalent are as 
follows: 

QUALITY FACTORS AND ABSORBED DOSE EQUIVALENCIES 



TYPE OF RADIATION 



Quality Factor 



Absorbed 
Dose Equal 
to a Unit 
Dose Equivalenf 1 



t 



X-. gamma, or beta radiation 

Alpha particles, multiple-charged 
particles, fission fragments 
and heavy particles of unknown 
charge 

Neutrons of unknown energy 

High-energy protons 



20 

K) 
10 



0.05 

04 

0.1 



'Absorbed dose in rad equal to one rem or the absorbed dose jn gray equal to one sievert. 



If It is more convenient to measure the neutron fluence rate than to determine the neutron dose equivalent rate 
in rents per hour or sieverts per hour, one rem (0.01 Sv) of neutron radiation of unknown energies may, for 
purposes of the rules of this Chapter, be assumed to result from a total fluence of 25 million neutrons per 
square centimeter incident upon the body. If sufficient information exists to estimate the approximate energy 
distribution of the neutrons, the licensee or registrant may use the fluence rate per unit dose equivalent or the 
appropriate Q_ value from the following table to convert a measured tissue dose rn rads to dose equivalent in 
rents: 

MEAN QUALITY FACTORS. Q. AND FLUENCE PER UNIT DOSE 
EQUIVALENT FOR MONOENERGET1C NEUTRONS 



4 



1S76 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



Neutron 




Quality 








Fluence per Unit 


Energy 




Factor 3 








Dose Equivalent 1, 


(MeV) 




[Ql 








(neutrons cm" 2 rem" 1 ) 


(thermal) 2.5 x 10' 




2 








980 x K) 6 


1 x lOf 




2 








980 x 10" 


1 x 10' 6 




2 








810 x 10 6 


1 x 10 s 




2 








810 x 10" 


1 x 10' 4 




2 








840 x 10 6 


1 x IP' 3 




2 








980 x 10 6 


1 x 10' 2 




2.5 








1010 x 10 6 


1 x IP' 1 




1A 








170 x 10 6 


5 x IP' 1 




JI 








39 x 10 6 


1 




11 








27 x 10* 


1A 




9 








29 xKT 


5 




8 








23 x 10 fi 


7 




7 








24 x 10! 


111 




6J 








24 xlPi 


14 




L5 








17 x .10? 


20 




8 








16 x 10J 


40 




7 








14 x KT 


60 




5.5 








16 x 10 6 


IxKF 




4 








20 xJO! 


2 x]tf 




3J 








19 xlPi 


3 xKg 




3J 








16 xlfl! 


4 xl 




3^ 








14 x lOf 


a Value of quality factor (0) at the 


point where the dose equivalent 


is 


naximum 


in a 30-cm diameter cylinder 


tissue-equivalent phantom. 














h Monoenergetic neutrons incident 


normally or 


a 30-cm diameter 


cyl 


inder 


tissue-equivalent phantom. 


(96) -(-§4) "Research and development" means: 










(a) theoretical analysis, exploration, or 


experimentation; oi 










(b) the extension of investig 


ative findinj 


js and theories of a 


scientifi 


s or 


technical nature into practical 



application for experimental and demonstration purposes, including the experimental production 

and testing of models, devices, equipment, materials, and processes. 
Research and development does not include the internal or external administration of radiation or radioactive 
material to human beings. 

(97) "Respiratory protective device" means an apparatus, such as a respirator, used to reduce the 
individual's intake of airborne radioactive materials. 

(98) <S$j "Restricted area" means an area, access to which is controlled by the licensee or registrant for 
purposes of protection of protecting individuals against undue risks from exposure to radiation and 
radioactive materials. Restricted area does shall not include asy areas used fef as residential 
quarters, although a but separate room or rooms in a residential building may be set apart as a 
restricted area. 

(99) tS6) "Roentgen" (R) means the special unit of exposure. One roentgen equals 2.58 x 10" 4 
coulombs/kilogram of air. 

( 100) "Sanitary sewerage" means a system of public sewers for carrying off waste water and refuse, but 
excluding sewage treatment facilities, septic tanks, and leach fields owned or operated by the 
licensee. 

(101 ) {57-} "Sealed Source source " means radioactive material that is permanently bonded, fixed or 
encapsulated so as to prevent release and dispersal of the radioactive material under the most severe 
conditions which are likely to be encountered in normal use and handling. 

( 102) "Shallow-dose equivalent" (H,), which applies to the external exposure of the skin or an extremity. 
is taken as the dose equivalent at a tissue depth of 0.007 centimeter (7 mg/cnr) averaged over an 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1S77 



PROPOSED RULES 



area of one square centimeter. 

(103) "SI unit" means a unit of measure from the International System of Units as established by the 
General Conference of Weights and Measures. 

( 104) "Sievert" is the SI unit of any of the quantities expressed as dose equivalent. The dose equivalent 
m sieverts is equal to the absorbed dose jn grays multiplied by the quality factor ( 1 Sv ff. 100 rems). 

( 1 05 ) "Site boundary" means that line beyond which the land or property is not owned, leased, or 
otherwise controlled by the licensee or registrant. 

( 106) f5&) "Source material" means: 

(a) uranium or thorium or any combination of uranium and thorium in any physical or chemical form; 
or 

(b) ores which contain by weighty 0.05 percent or more of uranium, thorium, or any combination 
thereof. Source material does not include special nuclear material. 

(107) i5Q) "Source of radiation" means any radioactive material, or any device or equipment emitting or 
capable of producing radiation. 

(108) {60) "Special form radioactive material" means radioactive material which satisfies the following 
conditions: 

(a) It is either a single solid piece or is contained in a sealed capsule that can be opened only by 
destroying the capsule; 

(b) The piece or capsule has at least one dimension not less than five millimeters (0.197 inch): and 

(c) It satisfies the test requirements specified by the U.S. Nuclear Regulatory Commission and the tests 
prescribed in Rule .0114 of this Section. A special form encapsulation designed in accordance with 
the U.S. Nuclear Regulatory Commission requirements in effect on June 30. 1984, and constructed 
prior to July 1, 1985, may continue to be used. A special form encapsulation either designed or 
constructed after June 30, 1985. must meet requirements of this definition applicable at the time 
of its design or construction. 

( 1 09 ) "Special nuclear material" means: 

(a) plutonium, uranium-233, uranium enriched in the isotope 233 or in the isotope 235. and any other 
material that the United States Nuclear Regulatory Commission, pursuant to the provisions of 
Section 51 of the Atomic Energy Act of 1954 (42 U.S.C. 2D1 1 et seq;), determines to be special 
nuclear material, but does not include source material; or 

(b) any material artificially enriched by any of ffie foregoing but does not include source material . 

( 1 10) {64-> "Special nuclear material in quantities not sufficient to form a critical mass" means uranium 
enriched in the isotope uranium-235 in quantities not exceeding 350 grams of contained uranium-235; 
uranium-233 in quantities not exceeding 200 grams; plutonium in quantities not exceeding 200 
grams; or any combination of uranium-235. uranium enriched in uranium-235 and plutonium in 
accordance with the following formula: For each kind of special nuclear material, determine the 
ratio between the quantity of that special nuclear material and the quantity specified in this Rule for 
the same kind of special nuclear material. The sum of these ratios for all the kinds of special nuclear 
material in combination shall not exceed unity. For example, the following quantities in combination 
would not exceed the limitations and are within the formula, as follows: 

175 (gram contained U-235) + 50 (grams U-233) + 50 (grams Pu) is < or= 1 
350 200 200 

(111) (62-) "State" means the State of North Carolina. 

(112) "Stochastic effects" means health effects that occur randomly and for which the probability of the 
effect occurring, rather than its severity, is assumed to be a linear function of dose without threshold. 
Hereditary effects and cancer incidence are examples of stochastic effects. 

(63-) "Survey" moan s an evaluation of the production, u s e, relea s e, di s po s al, or presence of sources of 

radiation under a s pecific s ot of condition s to determine actual or potential radiation hazards. 

(113) "Survey" means an evaluation of the radiological conditions and potential hazards incident to the 
production, use, transfer, release, disposal, or presence of sources of radiation. When appropriate, 
such an evaluation includes a physical survey of ffie location of sources of radiation and 
measurements or calculations of levels of radiation, or concentrations or quantities of radioactive 
material present. 



1878 7:18 NORTH CAROLINA REGISTER December 15, 1992 



PROPOSED RULES 



(114) (6 4 ) "These Regulations" and " the s e These Rules" means Chapter 1 1 of this Title. 

( 1 15) "Total effective dose equivalent" (TEDE) means the sum of the deep-dose equivalent (for external 
exposures) and the committed effective dose equivalent (for internal exposures). 

(116) ff4} "Toxic or Hazardou s hazardous Constituent constituent of the Waste waste " means the 
nonradioactive content of waste which, notwithstanding the radioactive content, would be classified 
as "hazardous waste" as defined in 15A NCAC 13A .0002(a). 

(117) f65-> "Type A quantity" means a quantity of radioactive material, the aggregate radioactivity of which 
does not exceed A, for special form radioactive material or A, for normal form radioactive material, 
where A, and A, are given in Rule .0113 of this Section or may be determined by procedures 
described in Rule .0113 of this Section. All quantities of radioactive material greater than a Type 
A quantity are Type B. 

{€€) "U.S. Department of Energy" means the Department of Energy e s tablished by Public Law 05 91. 

August 4 . 1977. 01 Stat. 565. 4 2 U.S.C. 7101 et seq.. to the extent that the d e partment exercises 
functions formerly ve s ted in the U.S. Atomic Energy Commission, it s chairman, member s , officers 
and component s and tran s ferred to the U.S. En e rgy Re s earch and Development Administration and 
to the admini s trator thereof pursuant to sections 10 4 (b). (c) and (d) of the Energy Reorganization Act 
of 197 4 (Public Law 03 4 38. October 11. 107 4 . 8 8 Stat. 1233 at 1237. effective January 10. 1075) 
and retrnn s ferrcd to the Secretary of Energy pur s uant to s ection 301(a) of the Department of Energy 
Organization Act (Public Law 05 01. August 4 . 1977. 01 Stat. 565 at 577 578. 4 2 U.S.C. 7151. 
effective October 1. 1077.) 

(118) f67-> "Unrefined and unprocessed ore" means ore in its natural form prior to any processing, such 
as grinding, roasting, beneficiating, or refining. 

(119) -f6&> "Unrestricted area" means any area acce ss to which is not controlled by an area, access to which 
|s neither limited nor controlled by the a licensee or registrant for purposes of protection of 
individuals from exposure to radiation and radioactive material s , and any ar e a u se d for residential 
quarter s. 

(120) "Very high radiation area" means an area, accessible to individuals. i_n which radiation levels could 
result [n an individual receiving an absorbed dose in excess of 500 rads [5 grays) m one hour at one 
meter from a radiation source or from any surface that the radiation penetrates. At very high doses 
received at high dose rates, units of absorbed dose (e.g.. rads and grays) are appropriate, rather than 
units of dose equivalent (e.g.. rems and sieverts). 

(121) f73-> "Waste" means low-level radioactive waste as defined in G.S. 104E-5(9a) and includes licensed 
naturally occurring and accelerator produced radioactive material which is not subject to regulation 
by the U.S. Nuclear Regulatory Commission under the Atomic Energy Act of 1954, as amended, 
except as defined differently in Rule .1202 of this Chapter. 

(122) fm " Waste. Class A Waste " is defined in Rule .0 4 25(a)(1) . 1 650 of this Chapter. 

(123) f7+> " Waste. Class B Waste " is defined in Rule .0 4 25(a)(2) . 1 650 of this Chapter. 

(124) fS) " Waste. Class C Wa s te " is defined in Rule .0 4 25(a)(3) . 1 650 of this Chapter. 

(125) "Week" means seven consecutive days starting on Sunday. 

( 126) "Weighting factor". w r . for an organ or tissue (T) js the proportion of the risk of stochastic effects 
resulting from irradiation of that organ or tissue to the total risk of stochastic effects when the whole 
body is irradiated uniformly. For calculating the effective dose equivalent, the values of w r are: 

ORGAN DOSE WEIGHTING FACTORS 

Organ or 

Tissue w T 

Gonads 



Breast 

Red bone marrow 

Lung 

Thyroid 

Bone surfaces 

Remainder 



0.25 


0. 


15 





12 


1) 


12 


0.03 


0.03 


0. 


30 J 



7:18 NORTH CAROLINA REGISTER December 15, 1992 1879 



PROPOSED RULES 



Whole body 



,00 b 



I 0.30 results from 0.06 for each of 5 "remainder" organs (excluding the skin and the lens of the eye) 
that receive the highest doses. 



(127) 
U28J 
U29j 

(130) 

(131) 



b _ For the purpose of weighting the external whole body dose (for adding it to the internal dose), a 
single weighting factor, w T ^_ 1 .0. has been specified. The use of other weighting factors for external 
exposure will be approved on a case-by-case basis until such time as specific guidance is issued. 

"Whole body" means, for purposes of external exposure, head, trunk (including male gonads), arms 

above the elbow, or legs above the knee. 

f69-> "Worker" means an individual engaged in work under a license or registration issued by the 

agency and controlled by a licensee or registrant, but does not include the licensee or registrant. 

"Working level" (WL) is any combination of short-lived radon daughters (for radon-222: polonium- 

218. lead-214. bismuth-214, and polonium-214; and for radon-220: polonium-216. lead-212. 

bismuth-212. and polonium-212) in one liter of air that will result in the ultimate emission of 1 .3 x 

10'' MeV of potential alpha particle energy. 

"Working level month" (WLM) means an exposure to one working level for 170 hours (2.000 



working hours per year/ 12 months per year =_ approximately 170 hours per month). 
"Year" means the period of time beginning in January used to determine compliance with the 
provisions of Section . 1600 of this Chapter. The licensee or registrant may change the starting date 
of the year used to determine compliance by the licensee or registrant provided that the change js 
made at the beginning of the year and that no day is omitted or duplicated m consecutive years. 



Statutory- Authority G.S. 104E-7(a)(2). 

SECTION .0300 - LICENSING OF 
RADIOACTIVE MATERIAL 

.0301 PURPOSE AND SCOPE 

(a) This Section provides for the licensing of 
radioactive material. No person shall receive, 
possess, use, transfer, own or acquire radioactive 
material except as authorized in a specific or 
general license issued pursuant to. or as otherwise 
provided in, this Section. 

(b) In addition to the requirements of this 
Section, 

( 1 1 All licensees are subject to the require- 
ments of Sections .0 4 00 and . 1000 and 
. 1600 of this Chapter, except as other- 
wise provided in the Rules rules of this 
Section; 

(2) Licensees engaged in industrial radio- 
graphic operations are subject to the 
requirements of Section .0500 of this 
Chapter; 

(3) Licensees using sealed sources in the 
healing arts are subject to the require- 
ments of Section .0700 of this Chapter; 

(4) Licensees engaged in the operation of 
radioactive waste disposal facilities are 
subject to the requirements of Section 
.1200 of this Chapter; and 



(5) Licensees engaged in well-logging 
operations are subject to the require- 
ments of Section . 1 300 of this Chapter. 

(c) In addition to the requirements of this Sec- 
tion, all licensees are subject to the annual fee 
provisions contained in Section .1100 of this 
Chapter. 

(d) The rules in this Section do not apply to 
persons licensed pursuant to the rules in Section 
. 1200 of this Chapter except as specifically provid- 
ed otherwise in Section .1200. 

Statutory Authority G.S. 104-7; 104E-9(8j; 104E- 
10(h); 104E-19. 

.0307 GENERAL LICENSES: SOURCE 
MATERIAL 

(a) A general license shall be issued authorizing 
use and transfer of not more than fifteen (15) 15 
pounds of source material at any one time by 
persons in the following categories: 



(1) 

(2) 
(3) 



pharmacists using the source material 
solely for the compounding of 
medicinals; 

physicians using the source material for 
medicinal purposes; 
persons receiving possession of source 
material from pharmacists and physi- 
cians in the form of medicinals or 



1880 



7:18 



XORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



drugs; 
(4) commercial and industrial firms, and 
research, educational, and medical 
institutions, and state and local govern- 
mental agencies for research, develop- 
ment, educational, commercial or oper- 
ational purposes. 

(b) Pursuant to this general license no person 
shall receive more than a total of 150 pounds of 
source material in any one calendar year. 

(c) Persons who receive, possess, use, or trans- 
fer source material pursuant to the general license 
issued in Paragraph (a) of this Rule are exempt 
from the provisions of Sections .0 4 00 and .1000 
and . 1600 of this Chapter to the extent that the 
receipt, possession, use, or transfer is within the 
terms of the general license, provided that this 
exemption shall not be deemed to apply to any 
person who is also in possession of source material 
under a specific license issued pursuant to the rules 
in this Section. 

(d) A general license shall be issued authorizing 
the receipt of title to source material without 
regard to quantity. This general license does not 
authorize any person to receive, possess, use, or 
transfer source material. 

(e) A general license shall be issued to receive, 
acquire, possess, use, or transfer in accordance 
with the provisions of Subparagraphs (e)(2), (3), 
(4) and (5) of this Rule, depleted uranium con- 
tained in industrial products or devices for the 
purpose of providing a concentrated mass in a 
small volume of the product or device. 

( 1 ) The general license in Paragraph (e) of 
this Rule applies only to industrial 
products or devices which have been 
manufactured either in accordance with 
a specific license issued to the manufac- 
turer of the products or devices pursu- 
ant to Rule .0336 of this Section or in 
accordance with a specific license is- 
sued to the manufacturer by the U.S. 
Nuclear Regulatory Commission or an 
agreement state which authorizes manu- 
facture of the products or devices for 
distribution to persons generally li- 
censed by the U.S. Nuclear Regulatory 
Commission or an agreement state. 

(2) Persons who receive, acquire, possess, 
or use depleted uranium pursuant to the 
general license established by Paragraph 
(e) of this Rule shall file with the agen- 
cy appropriate form(s) provided by the 
agency. The form shall be submitted 
within 30 days after the first receipt or 



acquisition of such depleted uranium. 
The registrant shall furnish on appropri- 
ate form(s) provided by the agency the 
following information and such other 
information as may be required by that 
form: 

(A) name and address of the registrant; 

(B) a statement that the registrant has 
developed and will maintain proce- 
dures designed to establish physical 
control over the depleted uranium 
described in Paragraph (e) of this 
Rule and designed to prevent transfer 
of such depleted uranium in any form, 
including metal scrap, to persons not 
authorized to receive the depleted 
uranium; and 

(C) name, title, address, and telephone 
number of the individual duly autho- 
rized to act for and on behalf of the 
registrant in supervising the proce- 
dures identified in Subparagraph Part 
(e)(2)(B) of this Rule. 

(3) The registrant possessing or using 
depleted uranium under the general 
license established by Paragraph (e) of 
this Rule shall report in writing to the 
agency any changes in information 
furnished by him on the appropriate 
form(s) provided by the agency. The 
report shall be submitted within 30 days 
after the effective date of such change. 

(4) A person who receives, acquires, pos- 
sesses, or uses depleted uranium pursu- 
ant to the general license established by 
Paragraph (e) of this Rule shall; 

(A) not introduce such depleted uranium, 
in any form, into a chemical, physical 
or metallurgical treatment or process, 
except a treatment or process for 
repair or restoration of any plating or 
other covering of the depleted urani- 
um; 

(B) not abandon such depleted uranium; 

(C) transfer or dispose of such depleted 
uranium only by transfer in accor- 
dance with the provisions of Rule 
.0343 of this Section; 

(i) In the case where the transferee 
receives the depleted uranium 
pursuant to the general license 
established by Paragraph (e) of 
this Rule, the transferor shall 
furnish the transferee a copy of 
this Rule and a copy of the appro- 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1881 



PROPOSED RULES 



priate agency form described in 
Subparagraph (e)(2) of this Rule; 
(ii) In the case where the transferee 
receives the depleted uranium 
pursuant to a general license 
contained in the U.S. Nuclear 
Regulatory Commission or agree- 
ment state regulations equivalent 
to Paragraph (e) of this Rule, the 
transferor shall furnish the trans- 
feree a copy of this Rule and a 
copy of the appropriate agency 
form accompanied by a note 
explaining that use of the product 
or device is regulated by the U.S. 
Nuclear Regulatory Commission 
or agreement state under require- 
ments substantially the same as 
those in this Rule: 

(D) within 30 days of any transfer, report 
in writing to the agency the name and 
address of the person receiving the 
depleted uranium pursuant to such 
transfer: 

(E) not export such depleted uranium 
except in accordance with a license 
issued by the U.S. Nuclear Regulato- 
ry Commission pursuant to 10 CFR 
Part 110. 

(5) Any person receiving, acquiring, pos- 
sessing, using, or transferring depleted 
uranium pursuant to the general license 
established by Paragraph (e) of this 
Rule is exempt from the requirements 
of Sections .0 4 00 and . 1000 and .1600 
of this Chapter with respect to the 
depleted uranium covered by that gen- 
eral license. 

Statutory Authority G.S. 104E-7: 104E-10(b). 

.0308 GENERAL LICENSES: OTHER THAN 
SOURCE MATERIAL 

(ai A general license shall be issued to transfer, 
receive, acquire, own. possess, and use radioactive 
material incorporated in the following devices or 
equipment which have been manufactured, tested 
and labeled by the manufacturer in accordance 
with a specific license issued to the manufacturer 
by the L'.S. Nuclear Regulatory Commission for 
use pursuant to Section 31.3 of 10 CFR Part 31: 
( 1 ) static elimination devices designed for 
use as static eliminators which contain 
as a sealed source or sources, radioac- 
tive material consisting of a total of not 



more than 500 mierocuries of 
polonium-210 per device: 
(2) ion generating tube designed for ioniza- 
tion of air and containing, as a sealed 
source or sources, radioactive material 
consisting of a total of not more than 
500 mierocuries of polonium-210 per 
device or a total of not more than 50 
millicuries of hydrogen-3 (tritium) per 
device. 
(bi The general license in Paragraph (a) of this 
Rule is subject to the provisions of Rules .0107 to 
.0111. .0303(a). .0337. .0342. .0343 and .0345 of 
this Chapter and to labeling requirements in 
Section t0400 .1600 of this Chapter. 

Statutory Authority. G.S. I04E-7; 104E-10(b). 

.0309 GENERAL LICENSES: MEASURING 
GAUGING: CONTROLLING DEVICES 

(a) A general license shall be issued to commer- 
cial and industrial firms and research, educational 
and medical institutions, individuals in the conduct 
of their business, and federal, state, or local 
government agencies to acquire, receive, possess, 
use, or transfer in accordance with Paragraphs (b). 
(c). and id) of this Rule, radioactive material 
contained in devices designed and manufactured 
for the purpose of detecting, measuring, gauging 
or controlling thickness, density, level, interface 
location, radiation leakage, or qualitative or 
quantitative chemical composition, or for produc- 
ing light or an ionized atmosphere. 

(b) The general license in Paragraph (a) of this 
Rule applies only to radioactive material contained 
in devices which have been manufactured and 
labeled in accordance with the specifications 
contained in a specific license issued pursuant to 
Rule .0328 of this Section or in accordance with 
the specifications contained in a specific license 
issued by the U.S. Nuclear Regulatory Commis- 
sion or an agreement state which authorizes distri- 
bution of the devices to persons generallv licensed 
pursuant to equivalent regulations. 

(c) Any person who acquires, receives, possess- 
es, uses or transfers radioactive material in a 
device pursuant to the general license issued under 
Paragraph (ai of this Rule: 

(1) shall assure that all labels, affixed to 
the device at the time of receipt and 
bearing a statement that removal of the 
label is prohibited, are maintained 
thereon and shall comply with all in- 
structions and precautions provided by 
the labels; 



« 



% 



i 



1882 



7:18 



NORTH CAROLIXA REGISTER 



December 15, 1992 



PROPOSED RULES 



(2) shall assure that the device is tested for 
leakage of radioactive material and 
proper operation of the on-off mecha- 
nism and indicator, if any, at no longer 
than six-month intervals or at such 
other intervals as are specified in the 
label, except as follows: 

(A) Devices containing only krypton need 
not be tested for leakage of radioac- 
tive material; 

(B) Devices containing only tritium or not 
more than 100 microcuries of other 
beta, gamma, or beta and gamma 
emitting material or ten microcuries 
of alpha emitting material and devices 
held in storage in the original ship- 
ping container prior to initial installa- 
tion need not be tested for any pur- 
pose; 

(3) shall assure that the tests required by 
Subparagraph (c)(2) of this Rule and 
other testing, installation, servicing and 
removal from installation involving the 
radioactive materials, its shielding or 
containment are performed: 

(A) in accordance with the instructions 
provided on labels affixed to the 
device, except that tests for leakage or 
contamination may be performed by 
the general licensee using leak test 
kits provided and analyzed by a spe- 
cific licensee who is authorized to 
provide leak test kit services; or 

(B) by a person holding a specific license 
or registration which authorizes the 
providing of services required by this 
Rule and which is issued pursuant to 
Rules .0205 and .0306 of this Chapter 
or equivalent regulations of the U.S. 
Nuclear Regulatory Commission or an 
agreement state. 

(4) shall maintain records, showing compli- 
ance with the requirements in Subpara- 
graphs (c)(2) and (3) of this Rule, to 
include: 

(A) the name of the person(s) performing 
the test(s) and the date(s) of the 
test(s); 

(B) the name of the person(s) performing 
installation, servicing and removal of 
any radioactive material, shielding or 
containment; 

(C) retention of leakage or contamination, 
on-off mechanism and on-off indicator 
test records for one year after the next 



required test is performed or until the 
sealed source is disposed of or trans- 
ferred, whichever is shorter; 
(D) retention of other records of tests 
required in Subparagraph (c)(3) of 
this Rule for two years from the date 
of the recorded test or until the device 
is disposed of or transferred. 

(5) upon the occurrence of a failure of or 
damage to, or any indication of a possi- 
ble failure of or damage to, the shield- 
ing of the radioactive material or the 
on-off mechanism or indicator, or upon 
the detection of 0.005 microcurie or 
more removable radioactive material, 
shall immediately suspend operation of 
the device until it has been: 

(A) repaired by the manufacturer or other 
person authorized to repair the de- 
vice(s) by a specific license issued by 
the agency, the U.S. Nuclear Regula- 
tory Commission, or an agreement 
state; or 

(B) disposed of by transfer to a person 
authorized by a specific license to 
receive the radioactive material con- 
tained in the device; and within 30 
days, furnish to the agency at the 
address in Rule .01 1 1 of this Chapter 
a report containing a brief description 
of the event and the remedial action 
taken; 

(6) shall not abandon the device containing 
radioactive material; 

(7) except as provided in Subparagraph 
(c)(8) of this Rule, shall transfer or 
dispose of the device containing radio- 
active material only by transfer to a 
person holding a specific license autho- 
rizing receipt of the device; and. within 
30 days after transfer of a device to a 
specific licensee, shall furnish to the 
agency at the address in Rule .0111 of 
this Chapter, identification of the device 
by manufacturer's name and model 
number and the name and address of 
the person receiving the device, except 
no report is required if the device is 
transferred to the specifically licensed 
manufacturer or distributor in order to 
obtain a replacement device; 

(8) shall transfer the device to another 
general licensee only where the device: 

(A) remains in use at a particular location, 
(i) In this case the transferor shall 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1883 



PROPOSED RULES 



give the transferee a copy of this 
Section and any safety documents 
identified in the label of the de- 
vice; 
(ii) The transferor shall, within 30 
days of the transfer, report to the 
agency at the address in Rule 
.0111 of this Chapter, the 
manufacturer's name and model 
number of device transferred, the 
name and address of the transfer- 
ee, and the name and position of 
an individual who may constitute 
a point of contact between the 
Commission and the transferee. 
(B) is held in storage in the original ship- 
ping container at its intended location 
of use prior to initial use by a general 
licensee. 
(9) shall comply with the provisions of 
Sections .0100 and ^400 .1600 of this 
Chapter for reporting radiation inci- 
dents, theft or loss of licensed material, 
but shall be exempt from the other 
requirements of Section .0 4 00 . 1600 of 
this Chapter. 

(d) The general license in Paragraph (a) of this 
Rule does not authorize the manufacture or distri- 
bution of devices containing radioactive material. 

(e) The general license in Paragraph (a) of this 
Rule is subject to the provisions of Rules .0107 to 
.0111, .0303(a), .0337. .0342, .0343 and .0345 of 
this Chapter and to labeling requirements in 
Section t^400 .1600 of this Chapter. 



assembler of the device pursuant to 
licensing requirements equivalent to 
those in Section 32.53 of 10 CFR Part 
32 of the regulations of the U.S. Nucle- 
ar Regulatory Commission. 

(b) Persons who own. receive, acquire, possess, 
or use luminous safety devices pursuant to the 
general license in Paragraph (a) of this Rule are 
exempt from the requirements of Sections .0 4 00 
and .1000 and . 1600 of this Chapter except for 
Rules t04+8 .1645 and t£4-W .1646 of this Chap- 
ter. 

(c) This general license does not authorize the 
manufacture, assembly, or repair of luminous 
safety devices containing tritium or 
promethium-147. 

(d) This general license does not authorize the 
ownership, receipt, acquisition, possession or use 
of promethium-147 contained in instrument dials. 

(e) The general license provided in Paragraphs 
(a) and (b) of this Rule are subject to the provi- 
sions of Rules .0107 to .0111. .0303(a). .0338, 
.0343. .0344 and .0346 of this Chapter. 

Statutory Authority G.S. 104E-7; 104E-10(b). 



I 



t 



Statutory Authority G.S. 104E-7; 104E-W(h). 



.0311 GENERAL LICENSES: LUMINOUS 
SAFETY DEVICES 

(a) A general license shall be issued to own. 
receive, acquire, possess, and use tritium or 
promethium-147 contained in luminous safety 
devices for use in aircraft, provided: 

( 1 ) each device contains not more than ten 
curies of tritium or 300 millicuries of 
promethium-147; and 

(2) each device has been manufactured, 
assembled or imported in accordance 
with a specific license issued by the 
U.S. Nuclear Regulatory Commission, 
or each device has been manufactured 
or assembled in accordance with the 
specifications contained in a specific 
license issued by the agency or an 
agreement state to the manufacturer or 



4 



1884 



7:18 



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December 15, 1992 



PROPOSED RULES 



.0312 GENERAL LICENSES: CALIBRATION AND REFERENCE 

(a) A general license shall be issued to those persons listed below to own, receive, acquire, possess, use 
and transfer, in accordance with the provisions in Paragraphs (c) and (d) of this Rule, americium-241 in the 
form of calibration or reference sources: 

(1) any person who holds a specific license issued by the agency which authorizes receipt, possession, 
use, and transfer of radioactive material; and 

(2) any person who holds a specific license issued by the U.S. Nuclear Regulatory Commission which 
authorizes receipt, possession, use, and transfer of special nuclear material. 

(b) A general license to own, receive, possess, use, and transfer plutonium in the form of calibration or 
reference sources in accordance with the provisions in Paragraphs (c) and (d) of this Rule is hereby issued 
to any person who holds a specific license which is issued by the agency and which authorizes receipt, 
possession, use, and transfer of radioactive material. 

(c) The general licenses in Paragraphs (a) and (b) of this Rule apply only to calibration or reference sources 
which have been manufactured in accordance with the specifications contained in a specific license issued to 
the manufacturer or importer of the sources by the U.S. Nuclear Regulatory Commission pursuant to Section 
32.57 of 10 CFR Part 32 or Section 70.39 of 10 CFR Part 70 or which have been manufactured in accordance 
with the specifications contained in a specific license issued to the manufacturer by the agency or an agreement 
state pursuant to licensing requirements equivalent to those contained in Section 32.57 of 10 CFR Part 32 or 
Section 70.39 of 10 CFR Part 70 of the regulations of the U.S. Nuclear Regulatory Commission. 

(d) The general license provided in Paragraphs (a) and (b) of this Rule are subject to the provisions of Rules 
.0107 to .0111, .0303(a). .0337, .0342, .0343 and .0345 of this Chapter and Sections .0 4 00 and .1000 and 
. 1600 of this Chapter. In addition, persons who own. receive, acquire, possess, use, or transfer one or more 
calibration or reference sources pursuant to this Rule: 

( 1 ) shall not possess at any one time, at any one location of storage or use, more than five microcuries 
of americium-241 and five microcuries of plutonium in the calibration and reference sources; 

(2) shall not receive, possess, use, or transfer a calibration or reference source unless the source, or 
the storage container, bears a label which includes the following statement or a substantially similar 
statement which contains the information called for in the following statement: 

The receipt, possession, use and transfer of this source. Model , Serial No. 

, are subject to a general license and the regulations of the U.S. Nuclear 

Regulatory Commission or of a state with which the Commission has entered into an agreement 
for the exercise of regulatory authority. Do not remove this label. 

CAUTION - RADIOACTIVE MATERIAL - THIS SOURCE CONTAINS 

( name of appropriate radioisotope ) 

DO NOT TOUCH RADIOACTIVE PORTION OF THIS SOURCE. 



(Name of manufacturer or importer) 

(3) shall not transfer, abandon, or dispose of a calibration or reference source except by transfer to a 
person authorized by a license issued by the agency, the U.S. Nuclear Regulatory Commission, 
or an agreement state and authorizing receipt of the source; 

(4) shall store each source, except when being used, in a closed container adequately designed and 
constructed to contain americium-241 or plutonium which might otherwise escape during storage: 
and 

(5) shall not use a calibration or reference source for any purpose other than the calibration of radiation 
detectors or the standardization of other sources. 

(e) The general licenses in Paragraphs (a) and (b) of this Rule do not authorize the manufacture or 
calibration of reference sources containing americium-241 or plutonium. 



Statutory Authority G.S. W4E-7; 104E-10(b). 

.0314 GENERAL LICENSES: IN VITRO 
CLINICAL OR LABORATORY 
TESTLNG 



(a) A general license shall be issued to any 
physician, veterinarian in the practice of veterinary 
medicine, clinical laboratory or hospital to receive, 
acquire, possess, transfer or use the following 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1885 



PROPOSED RULES 



radioactive materials for IN VITRO clinical or 
laboratory tests not involving internal or external 
administration of radioactive material, or radiation 
therefrom, to human beings or animals: 

(1) iodine- 125 in units not exceeding ten 
microcuries each; 

(2) iodine- 1 3 1 in units not exceeding ten 
microcuries each; 

(3) carbon-14 in units not exceeding ten 
microcuries each; 

(4) hydrogen-3 (tritium) in units not ex- 
ceeding 50 microcuries each; 

(5) iron-59 in units not exceeding 20 
microcuries each; 

(6) cobalt-57 in units not exceeding ten 
microcuries each; 

(7) selenium-75 in units not exceeding ten 
microcuries each; 

(8) mock iodine- 125 reference or calibra- 
tion sources in units not exceeding 0.05 
microcuries of iodine- 129 and 0.005 
microcurie of americium-241 each. 
This general license is subject to the 
provisions of Paragraphs (b) to (f) of 
this Rule. 

(b) No person shall receive, acquire, possess, 
use or transfer radioactive material pursuant to the 
general license established in Paragraph (a) of this 
Rule until he has filed agency form "Certificate IN 
VITRO Testing with Radioactive Material Under 
General License", with the agency and received 
from the agency a validated copy of the agency 
form with certification number assigned. The 
physician, clinical laboratory or hospital shall 
furnish on the agency form the following informa- 
tion and such other information as may be required 
by the form: 

(1) name and address of the physician, 
clinical laboratory or hospital; 

(2) the location of use; 

(3) a statement that the physician, clinical 
laboratory or hospital has appropriate 
radiation measuring instruments to 
carry out IN VITRO clinical or labora- 
tory tests with radioactive material as 
authorized under the general license in 
Paragraph (a) of this Rule and that 
these tests will be performed only by 
personnel competent in the use of the 
instruments and in the handling of the 
radioactive material. 

(O A person who receives, acquires, possesses 
or uses radioactive material pursuant to the general 
license established in Paragraph (a) of this Rule: 
I 1 i shall not possess at any one time, pur- 



suant to the general license in Para- 



graph (a) of this Rule at any one loca- 
tion of storage or use a total amount of 
iodine- 125, iodine- 131, and iron-59 in 
excess of 200 microcuries; 

(2) shall store the radioactive material, 
until used, in the original shipping 
container or in a container providing 
equivalent radiation protection: 

(3) shall use the radioactive material only 
for the uses authorized in Paragraph (a) 
of this Rule; 

(4) shall not transfer the radioactive materi- 
al to a person who is not authorized to 
receive it pursuant to a license issued 
by the agency, the U.S. Nuclear Regu- 
latory Commission, or an agreement 
state, nor transfer the radioactive mate- 
rial in any manner other than in the 
unopened, labeled shipping container as 
received from the supplier; and 

(5) shall dispose of the mock iodine-125 
reference or calibration sources de- 
scribed in Subparagraph (a)(8) of this 
Rule as required by Rule rQ4+6 .1628 
of this Chapter. 

(d) The general licensee shall not receive, 
acquire, possess, or use radioactive material 
pursuant to Paragraph (a) of this Rule: 

( 1 ) except as prepackaged units which are 
labeled in accordance with the provi- 
sions of a specific license issued by the 
IS. Nuclear Regulatory Commission, 
or an agreement state which authorizes 
the manufacture and distribution of 
iodine-125. iodine- 131. carbon-14. 
hydrogen-3 (tritium). selenium-75. 
mock iodine-125 (of iodine- 129 and 
americium-241 ). or iron-59 for distribu- 
tion to persons generally licensed under 
Paragraph (a) of this Rule or its equiva- 
lent: and 

(2) unless the following statement, or a 
substantially similar statement which 
contains the information called for in 
the following statement, appears on a 
label affixed to each prepackaged unit 
or appears in a leaflet or brochure 
which accompanies the package: 

(A) This radioactive material may be 
received, acquired, possessed, and 
used only by physicians, clinical 
laboratories, or hospitals and only for 
IN VITRO clinical or laboratory tests 
not involving internal or external 



I 



I 



t 



1SS6 



7:18 



NORTH CAROLINA RECASTER 



December 15, 1992 



PROPOSED RULES 



administration of the material, or the 
radiation therefrom, to human beings 
or animals. 
(B) Its receipt, acquisition, possession, 
use, and transfer are subject to the 
regulations and a general license of 
the United States Nuclear Regulatory 
Commission, or, of a state with which 
the Commission has entered into an 
agreement for the exercise of regula- 
tory authority. (Name of Manufactur- 
er). 

(e) The physician, clinical laboratory or hospital 
possessing or using radioactive material under the 
general license in Paragraph (a) of this Rule shall 
report in writing to the agency, any changes in the 
information furnished in the "Certificate IN VI- 
TRO Testing with Radioactive Material Under 
General License" agency form within 30 days after 
the effective date of the changes. 

(f) Any person using radioactive material pursu- 
ant to the general license in Paragraph (a) of this 
Rule is exempt from the requirements of Sections 
.0 4 00 and . 1000 and .1600 of these Regulations 
Rules with respect to radioactive material covered 
by the general license. The new drug provisions 
of the Federal Food, Drug, and Cosmetic Act also 
govern the availability and use of any specific 
diagnostic drugs in interstate commerce. 

Statutory Authority G.S. 104E-7; 104E-10(b). 

.0315 GENERAL LICENSES: ICE 
DETECTION DEVICES 

(a) A general license shall be issued to own, 
receive, acquire, possess, use, and transfer 
strontium-90 contained in ice detection devices, 
provided each device contains not more than 50 
microcuries of strontium-90 and each device has 
been manufactured in accordance with a specific 
license issued by the U.S. Nuclear Regulatory 
Commission or in accordance with the specifica- 
tions contained in a specific license issued by the 
agency or an agreement state to the manufacturer 
of the device pursuant to licensing requirements 
equivalent to those in Section 32.61 of 10 CFR 
Part 32 of the regulations of the U.S. Nuclear 
Regulatory Commission. 

(b) Persons who own, receive, acquire, possess, 
use, or transfer strontium-90 contained in ice 
detection devices pursuant to the general license in 
Paragraph (a) of this Rule: 

(1) shall, upon occurrence of visually 
observable damage, such as a bend or 
crack or discoloration from overheating 



to the device, discontinue use of the 
device until it has been inspected, tested 
for leakage and repaired by a person 
holding a specific license from the U.S. 
Nuclear Regulatory Commission or an 
agreement state authorizing manufacture 
or servicing of the devices; or shall 
dispose of the device pursuant to the 
provisions of Rule .0 4 16 .1628 of this 
Chapter; 

(2) shall assure that all labels affixed to the 
device at the time of receipt, and bear- 
ing a statement which prohibits removal 
of the labels, are maintained thereon; 
and 

(3) are exempt from the requirements of 
Sections .0 4 00 and . 1000 and .1600 of 
this Chapter except that such persons 
shall comply with the provisions of 
Rules t04+6 .1628 , t04+8 .1645 and 
t0449 .1646 of this Chapter. 

(c) This general license does not authorize the 
manufacture, assembly, disassembly or repair of 
ice detection devices containing strontium-90. 

(d) This general license is subject to the provi- 
sions of Rules .0107 to .01 1 1 of this Chapter and 
Rules .0303(a), .0337, .0342, .0343, and .0345 of 
this Section. 

Statutory Authority G.S. 104E-7; W4E-10(b). 

.0316 GENERAL LICENSES: 
TRANSPORTATION 

(a) Except for persons exempt from these Rules 
pursuant to Rule .0106(b) and (c) of this Chapter, 
a general license is hereby issued to any common, 
contract or other carrier to transport and store 
radioactive material in the regular course of their 
carriage for another or storage incident thereto; 
provided the transportation and storage is in 
accordance with the applicable requirements of the 
regulations appropriate to the mode of transport of 
the U.S. Department of Transportation in 49 CFR 
Part 170-189 and the U.S. Postal Service in the 
Postal Service Manual, (Domestic Mail Manual). 
Section 124.3; insofar as, such regulations relate 
to the packaging of radioactive material, marking 
and labeling of the package, loading and storage of 
packages, placarding of the transportation vehicle, 
monitoring requirements and accident reporting. 
Any common, contract or other carrier transport- 
ing nuclear waste or spent nuclear fuel under this 
general license shall comply with the provisions in 
Paragraph (c) of this Rule. Persons who transport 
and store radioactive material pursuant to the 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1887 



PROPOSED RULES 



general license in this Paragraph are exempt from 
the requirements of Sections .0 4 00 and .1000 and 
.1600 of this Chapter. 

(b) Except for persons exempt from these Rules 
pursuant to Rule .0106(b) and (c) of this Chapter, 
a general license is hereby issued to any private 
carrier to transport radioactive material: provided, 
the transportation is in accordance with the appli- 
cable requirements of the regulations, appropriate 
to the mode of transport of the U.S. Department of 
Transportation in 49 CFR Part 170-189 and the 
U.S. Postal Service in the Postal Service Manual, 
(Domestic Mail Manual). Section 124.3: insofar 
as. such regulations relate to the packaging, 
loading and storage of packages, placarding of the 
transportation vehicle, monitoring requirements 
and accident reporting. The following exemptions 
and requirements shall apply to transportation of 
radioactive material under this general license: 

( 1 ) Persons who transport radioactive 
material pursuant to the license in 
Paragraph (b) of this Rule are exempt 
from the requirements in Sections .0 4 00 
ami . 1000 and .1600 of this Chapter to 
the extent that they transport radioactive 
material. Any notification of incidents 
referred to in those requirements shall 
be filed with, or made to. the agency. 

(2) Physicians, as defined in Rule .0104 of 
this Chapter, are exempt from the 
requirements in Paragraph (b) of this 
Rule to the extent that they transport in 
their private vehicle radioactive materi- 
al for use in the practice of medicine. 

(3) Any person who transports nuclear 
waste within or through this state under 
this general license shall comply with 
the provisions in Paragraph (c) of this 
Rule. 

(c) No carrier shall transport within or through 
this state any nuclear waste or spent nuclear fuel 
unless the shipper has notified the "governor's 
designee" in accordance with the requirements of 
10 CFR Part 71 .97 for nuclear waste and 10 CFR 
73.37(f) for spent nuclear fuel. The governor's 
designee and contact information is as follows: 

(1) designee: N.C. Highway Patrol Head- 
quarters, Operations Officer: 

(2) mailing address: P.O. Box 27687, 
Raleigh. North Carolina 27611-7687: 

(3) telephone 919 733-4030 from 8 a.m. to 
5 p.m. workdays and 919,733-3861 all 
other times. 

(d) As used in Paragraphs (a) through (d) of this 
Rule: 



(1) "Shipment" means any single vehicle 
carrying one or more containers of 
nuclear waste. 

(2) "Nuclear Waste" means: 

(A) any large quantity of radioactive 
material required by 10 CFR Part 71 
to be in Type B packaging while 
transported within or through this 
state to a disposal site, or to a collec- 
tion point for transport to a disposal 
site; or 

(B) any large quantity of irradiated fuel 
required by 10 CFR Part 71 to be in 
Type B packaging while transported 
within or through this state irrespec- 
tive of destination if the quantity of 
irradiated fuel is less than that subject 
to advance notification requirements 
of 10 CFR Part 73. 

(3) "Spent Nuclear Fuel" means a quantity 
of irradiated reactor fuel in excess of 
100 grams in net weight of irradiated 
fuel exclusive of cladding or other 
structural or packaging material which 
has a total external radiation dose rate 
in excess of 100 reins per hour at a 
distance of three feet from any accessi- 
ble surface without intervening shield- 
ing. 

fe) — For the purpose of this Rule. 10 CFR Part 
71. 10 CFR Part 73, 4 9 CFR Part 170 189, and 
the Postal Service Manual (Domestic Mail Manual) 
Section — 12 4 .3 [incorporated by reference in 39 
CFR 111.11 (197 4 )] are hereby incorporated by 
reference including any s ub s equent amendments 
and editions. — This material is available for inspee 
tion at the Department of Environment. Health. 



and — Natural — Re 



4+ 



f Radiation 



lvision — e- 

Protection at the addre ss li s ted in Rule .0111 of 
thi s Chapter. — Copie s may be obtained from the 
Superintendent of Documents. U.S. Government 
Printing Office. Washington. D.C. — 20 4 02 at a 
co s t as follows: 

Seventeen dollars (SI 7.00) for 10 CFR 



fH- 



(^ 



&)- 



m- 



Pnrts 71 and 73 (in volume containing 
10 CFR Part 51 199). 
Twenty seven dollar s (S27.00) for 4 9 
CFR Part 170 177 (in volume contain 
ing 4 9 CFR Part 100 177). 
Seventeen dollars (Si 7.00) for 4 9 CFR 
Part 178 189 (in volume containing 4 9 
CFR 178 199). and 



^F4h 



-tk< 



urty six dollar s — ($36.00) for 
Po s tal Service Manua l (Dome s tic Mail 
Manual) Section 12 4 .3 [incorporated by 



1888 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



reference in 39 CFR 111.11 (197 4 )]. 



Statutory Authority G.S. 20-167.1; 
104E-10(b); 104E-15(a); 150B-21.6. 



104E-7; 



.0328 SPECIFIC LICENSES: 

MANUFACTURE DEVICES TO 
PERSONS LICENSED 

(a) An application for a specific license to 
manufacture or distribute devices containing 
radioactive material, excluding special nuclear 
material, to persons generally licensed under Rule 
.0309 of this Section or equivalent regulations of 
the U.S. Nuclear Regulatory Commission or an 
agreement state will be approved if: 

( 1 ) the applicant satisfies the general re- 
quirements of Rule .0317 of this Sec- 
tion; 

(2) the applicant submits sufficient informa- 
tion relating to the design, manufacture, 
prototype testing, quality control, la- 
bels, proposed uses, installation, servic- 
ing, leak testing, operating and safety 
instructions, and potential hazards of 
the device to provide reasonable assur- 
ance that: 

(A) the device can be safely operated by 
persons not having training in radio- 
logical protection; 

(B) under ordinary conditions of handling, 
storage, and use of the device, the 
radioactive material contained in the 
device will not be released or inadver- 
tently removed from the device, and 
it is unlikely that any person will 
receive in any period of one calendar 
quarter a dose in excess often percent 
of the limits specified in the table of 
Rule tO403 .1604 of this Chapter; 

(C) under accident conditions (such as fire 
and explosion) associated with han- 
dling, storage, and use of the device, 
it is unlikely that any person would 
receive an external radiation dose or 
dose commitment in excess of the 
following organ doses: 

(i) whole body, head and trunk, 
active blood-forming organs, 
gonads, or lens of eye: 15 rems; 

(ii) hands and forearms, feet and 
ankles, localized areas of skin 
averaged over areas no larger 
than one square centimeter: 200 
rems; 

(iii) other orsans: 50 rems. 



(3) each device bears a durable, legible, 
clearly visible label or labels approved 
by the agency, which contain in a 
clearly identified and separate state- 
ment: 

(A) instructions and precautions necessary 
to assure safe installation, operation, 
and servicing of the device (docu- 
ments such as operating and service 
manuals may be identified in the label 
and used to provide this information); 

(B) the requirement, or lack of require- 
ment, for leak testing, or for testing 
any on-off mechanism and indicator, 
including the maximum time interval 
for such testing, and the identification 
of radioactive material by isotope, 
quantity of radioactivity, and date of 
determination of the quantity; and 

(C) the information called for in the fol- 
lowing statement in the same or sub- 
stantially similar form: "The receipt, 
possession, use, and transfer of this 

device Model , 

Serial No. . are 

subject to a general license or the 
equivalent and the regulations of the 
U.S. Nuclear Regulatory Commission 
or an agreement state. This label 
shall be maintained on the device in a 
legible condition. Removal of this 
label is prohibited." 

CAUTION - RADIOACTIVE MATERIAL 
(name of manufacturer or distributor) 

(4) the model, serial number, and name of 
manufacturer or distributor may be 
omitted from this label provided they 
are elsewhere specified in labeling 
affixed to the device. 

(b) In the event the applicant desires that the 
device be required to be tested at intervals longer 
than six months, either for proper operation of the 
on-off mechanism and indicator, if any, or for 
ieakage of radioactive material or for both, he 
shall include in his application sufficient informa- 
tion to demonstrate that such longer interval is 
justified by performance characteristics of the 
device or similar devices and by design features 
which have a significant bearing on the probability 
or consequences of leakage of radioactive material 
from the device or failure of the on-off mechanism 
and indicator. In determining the acceptable 
interval for the test for leakage of radioactive 
material, the agency will consider information 
which includes, but is not limited to: 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1889 



PROPOSED RULES 



(1) primary containment (source capsule); 

(2) protection of primary containment; 

(3) method of sealing containment; 

(4) containment construction materials; 

(5) form of contained radioactive material; 

(6) maximum temperature withstood during 
prototype test; 

(7) maximum pressure withstood during 
prototype tests; 

(8) maximum quantity of contained radio- 
active material; 

(9) radiotoxicity of contained radioactive 
material; and 

(10) operating experience with identical 
devices or similarly designed and con- 
structed devices. 

(c) In the event the applicant desires that the 
general licensee under Rule .0309 of this Section, 
or under equivalent regulations of the U.S. Nucle- 
ar Regulatory Commission, or an agreement state, 
be authorized to install the device, collect the 
sample to be analyzed by a specific licensee for 
leakage of radioactive material, service the device, 
test the on-off mechanism and indicator, or remove 
the device from installation, he shall include in his 
application: 

( 1 ) Written instructions to be followed by 
the general licensee; 

(2) Estimated calendar quarter doses associ- 
ated with such activity or activities by 
an individual untrained in radiological 
protection, in addition to other han- 
dling, storage and use of devices under 
the general license; and 

(3) information to demonstrate that perfor- 
mance of such activity(ies) is unlikely 
to cause that individual to receive a 
calendar quarter dose in excess of ten 
percent of the limits specified in Rule 
.0 4 02(a) .1604 of this Chapter. 

(d) Each person licensed under this Rule to 
distribute devices shall furnish a copy of the 
general license contained in Section 31.5 of 10 
CFR Part 31 to each person to whom he directly 
or through an intermediate person transfers radio- 
active material in a device for use pursuant to the 
general license contained in Rule .0309 of this 
Section, or equivalent regulations of the U.S. 
Nuclear Regulatory Commission or an agreement 
state. The copy of Section 31.5 of 10 CFR Part 
3 1 shall be accompanied by a note explaining that 
the use of the device is regulated by agreement 
states under requirements substantially the same as 
those in Section 3 1 .5 of 10 CFR Pail 3 1 . Alterna- 
tively, when transferring the devices to persons in 



a specific agreement state, a copy of that agree- 
ment state's equivalent regulations shall be fur- 
nished. 

(e) Each person, licensed under this Rule to 
distribute devices, shall report to the agencies 
specified in Subparagraphs (e)(1). (2) and (3) of 
this Rule all transfers of the devices to persons 
generally licensed under the regulations of those 
agencies. Such reports shall identify each general 
licensee by name and address, an individual by 
name or position who may constitute a contact 
with the general licensee, the type and model 
number of the device transferred, and the quantity 
and type of radioactive material contained in the 
device. If one or more intermediate persons will 
temporarily possess the device at the intended 
place of use prior to its possession by the user, the 
reports shall include identification of each interme- 
diate person by name, address, contact and rela- 
tionship to the intended user. If no transfers have 
been made to generally licensed persons during the 
reporting period, the reports shall so indicate. The 
reports shall cover each calendar quarter and shall 
be filed within 30 days thereafter. The reports 
shall be submitted to: 

(1) the agency for devices transferred to 
persons generally licensed under Rule 
.0309 of this Section; 

(2) each agreement state for devices trans- 
ferred to persons generally licensed 
under regulations equivalent to Rule 
.0309 of this Section; and 

(3) the U.S. Nuclear Regulatory Commis- 
sion for devices transferred to persons 
generally licensed under Section 31 .5 of 
10 CFR Part 31. 

(f) Each person, licensed under this Rule to 
distribute devices, shall maintain for agency 
inspection either copies of all reports required in 
Paragraph (e) of this Rule or a record containing 
substantially the same information. Such copies or 
records of transfer shall be maintained for at least 
five years after the date of each transfer of a 
device to a generally licensed person. 

Statutory Authority G.S. 104E-7; 104E-10(b). 

.0331 SPECIFIC LICENSES- 
MANUFACTURE OF IN VITRO TEST 
KITS 

An application for a specific license to manufac- 
ture or distribute radioactive material for use under 
the general license in Rule .0314 of this Section 
will be approved if the following requirements are 
satisfied: 



1890 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



> 



( 1 ) The applicant satisfies the general 
requirements specified in Rule .0317 of 
this Section. 

(2) The radioactive material is to be pre- 
pared for distribution in prepackaged 
units of: 

(a) iodine- 125 in units not exceeding ten 
microcuries each; 

(b) iodine- 1 3 1 in units not exceeding ten 
microcuries each; 

(c) carbon- 14 in units not exceeding ten 
microcuries each; 

(d) hydrogen-3 (tritium) in units not 
exceeding 50 microcuries each; 

(e) iron-59 in units not to exceed 20 
microcuries each; 

(f) cobalt-57 in units not to exceed ten 
microcuries each; 

(g) selenium-75 in units not exceeding 
0.05 microcurie of iodine- 129 and 
0.005 microcurie of americium-241 
each. 

(3) Each prepackaged unit bears a durable, 
clearly visible label: 

(a) identifying the radioactive contents as 
to chemical form and radionuclide, 
and indicating that the amount of 
radioactivity does not exceed the 
appropriate limit in Item (2) of this 
Rule, and 

(b) displaying the radiation caution sym- 
bol described in Rule .0 4 1 1(a)(1) 
. 1623 of this Chapter and the words, 
"CAUTION, RADIOACTIVE MA- 
TERIAL", and "NOT FOR INTER- 
NAL OR EXTERNAL USE IN HU- 
MANS OR ANIMALS". 

(4) The following statement, or a substan- 
tially similar statement which contains 
the information called for in the follow- 
ing statement, appears on a label af- 
fixed to each prepackaged unit or ap- 
pears in a leaflet or brochure which 
accompanies the package: 

This radioactive material may be 
received, acquired, possessed, 
and used only by physicians, 
clinical laboratories or hospitals 
and only for IN VITRO clinical 
or laboratory tests not involving 
internal or external administration 
of the material, or the radiation 
therefrom, to human beings or 
animals. Its receipt, acquisition, 
possession, use, and transfer are 



subject to the regulations and a 
general license of the U.S. Nucle- 
ar Regulatory Commission or a 
state with which the Commission 
has entered into an agreement for 
the exercise of regulatory authori- 
ty. (Name of Manufacturer) 
(5) The label affixed to the unit, or the 
leaflet or brochure which accompanies 
the package, contains adequate informa- 
tion as to the precautions to be ob- 
served in handling and storing such 
radioactive material. In the case of the 
mock iodine- 125 reference or calibra- 
tion source, the information accompa- 
nying the source must also contain 
directions to the licensee regarding the 
waste disposal requirements set out in 
Rule t04+6 .1628 of this Chapter. 

Statutory Authority G.S. 104E-7; 104E-10(h). 

.0335 SPECIFIC LICENSES: PRODUCTS 

CONTAINING DEPLETED URANIUM 

(a) An application for a specific license to 
manufacture industrial products and devices con- 
taining depleted uranium for use pursuant to Rule 
.0307(e) of this Section or equivalent regulations 
of the U.S. Nuclear Regulatory Commission or an 
agreement state will be approved if: 

( 1 ) the applicant satisfies the general re- 
quirements specified in Rule .0317 of 
this Section; 

(2) the applicant submits sufficient informa- 
tion relating to the design, manufacture, 
prototype testing, quality control proce- 
dures, labeling or marking, proposed 
uses, and potential hazards of the indus- 
trial product or device to provide rea- 
sonable assurance that possession, use, 
or transfer of the depleted uranium in 
the product or device is not likely to 
cause any individual to receive in any 
period of one calendar quarter a radia- 
tion dose in excess often percent of the 
limits specified in Rule t4M03 .1604 of 
this Chapter; and 

(3) the applicant submits sufficient informa- 
tion regarding the industrial product or 
device and the presence of depleted 
uranium for a mass-volume application 
in the product or device to provide 
reasonable assurance that unique bene- 
fits will accrue to the public because of 
the usefulness of the product or device. 



7:18 



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December 15, 1992 



LS91 



PROPOSED RULES 



(b) In the case of an industrial product or device 
whose unique benefits are questionable, the agency 
will approve an application for a specific license 
under this Rule only if the product or device is 
found to combine a high degree of utility and low 
probability of uncontrolled disposal and dispersal 
of significant quantities of depleted uranium into 
the environment. 

(ci The agency may deny any application for a 
specific license under this Rule if the end use(s) of 
the industrial product or device cannot be reason- 
ably foreseen. 

id) Each person licensed pursuant to Paragraph 
(a) of this Rule shall: 

( 1 ) maintain the level of quality control 
required by the license in the manufac- 
ture of the industrial product or device, 
and in the installation of the depleted 
uranium into the product or device; 

(2) label or mark each unit to: 

(A) identify the manufacturer of the prod- 
uct or device and the number of the 
license under which the product or 
device was manufactured, the fact that 
the product or device contains deplet- 
ed uranium, and the quantity of de- 
pleted uranium in each product or 
device: and 

(B) state that the receipt, possession, use. 
and transfer of the product or device 
are subject to a general license or the 
equivalent and the regulations of the 
U.S. Nuclear Regulatory Commission 
or of an agreement state. 

(3) assure that the depleted uranium before 
being installed in each product or de- 
vice has been impressed with the fol- 
lowing legend clearly legible through 
any plating or other covering: "Deplet- 
ed Uranium"; 

(e) Each person, licensed under this Rule to 
distribute devices, shall furnish a copy of the 
general license contained in Section 40.25 of 10 
CFR Part 40 to each person to whom he directly 
or through an intermediate person transfers radio- 
active material in a device for use pursuant to the 
general license contained in Rule .0307(e) of this 
Section, or equivalent regulations of the U.S. 
Nuclear Regulatory Commission or an agreement 
state. The copy of Section 40.25 of 10 CFR Part 
40 shall be accompanied by a note explaining that 
the use of the device is regulated by agreement 
states under requirements substantially the same as 
these in Section 40.25 of 10 CFR Part 40. Alter- 
natively, when transferring the devices to persons 



in a specific agreement state, a copy of that agree- 
ment state equivalent regulations shall be fur- 
nished. 

(f) Each person, licensed under this Rule to 
distribute devices, shall report to the agencies 
specified in Subparagraphs (f)(l) J (2)and (3) of this 
Rule all transfers of the devices to persons general- 
ly licensed under the regulations rules of those 
agencies. Such reports shall identify each general 
licensee by name and address, an individual by 
name or position who may constitute a contact 
with the general licensee, the type and model 
number of the device transferred, and the quantitv 
and type of radioactive material contained in the 
device. If one or more intermediate persons will 
temporarily possess the device at the intended 
place of use prior to its possession by the user, the 
reports shall include identification of each interme- 
diate person by name, address, contact and rela- 
tionship to the intended user. If no transfers have 
been made to generally licensed persons during the 
reporting period, the reports shall so indicate. The 
reports shall cover each calendar quarter and shall 
be filed within 30 days thereafter. The reports 
shall be submitted to: 

( 1 ) the agency for devices transferred to 
persons generally licensed under Rule 
.0307(e) of this Section: 

(2) each agreement state for devices trans- 
ferred to persons generally licensed 
under regulation s rules equivalent to 
Rule .0307(e) of this Section: and 

(3) the U.S. Nuclear Regulatory Commis- 
sion for devices transferred to persons 
generally licensed under Section 40.25 
of 10 CFR Part 40. 

(g) Each person, licensed under this Rule to 
distribute devices, shall maintain for agency 
inspection either copies of all reports required in 
Paragraph (f) of this Rule or a record containing 
substantially the same information. Such copies or 
records of transfer shall be maintained for at least 
five years after the date of each transfer of a 
device to a generally licensed person. 

Statutory Authority G.S. 104E-7; 104E- 10(h). 

.0348 SPECIFIC LICENSES: CERTAIN 
INCINERATOR FACILITIES 

(a) In addition to the requirements set forth in 
Rule .0317 of this Section, an application for a 
license authorizing construction and operation of 
an incinerator as part of a radioactive waste pro- 
cessing facility as defined in Rule .0104+44-) of this 
Chapter shall include an environmental assessment 



1892 



7:18 



XORTH CAROLLXA REGISTER 



December 15, 1992 



PROPOSED RULES 



(B) 

(C) 



(D) 



(B) 



(C) 



(D) 



that addresses the following topics: 

(1) description of the applicant: 

(A) the company or corporate structure 
with the names, addresses and titles of 
officers; 

present products and activities; 
prior experience in the use, process- 
ing and disposal of radioactive materi- 
al; 

financial and technical ability to con- 
struct, operate and decommission the 
proposed radioactive waste processing 
facility; 

(2) description of the site: 
(A) physical location and general descrip- 
tion to include nearest buildings, 
residences, schools, hospitals, etc.; 
populations and land use in the gener- 
al area to include nearest buildings, 
residences, schools, hospitals, etc.; 
geological and hydrological character- 
ization of the site to include soil type, 
topography, past and projected seis- 
mic activity, ground water groundwa- 
ter , aquifers and surface waters; 
meteorology to include climate, distri- 
bution of wind speed and direction, 
atmospheric stability and dispersion 
characteristics, and data on precipita- 
tion, floods, hurricanes and tornados; 
background radiation and radioactivi- 
ty; 
transportation routes; 

(3) incinerator design: 
(A) general description; 

manufacturer, basis for selecting the 
proposed incinerator design and iden- 
tification of operating incinerators of 
the same or similar design; 
maximum capacity, minimum cham- 
ber temperatures, minimum chamber 
residence times, residual ash collec- 
tion and effluent controls (e.g., scrub- 
ber filters and stack); 
decontamination, maintenance and 
anticipated operating life; 
waste handling, storage and injection 
systems; 

instrumentation and controls; 
minimum performance specifications 
for the incinerator and effluent control 
systems, and preoperational test- 
ing/certification program; 
facility design: 



(E) 

(F) 

(A) 
(B) 

(C) 



(D) 

(E) 

(F) 

(G) 



(4) 



(A) compartmentalization/zoning. waste 



storage and handling areas, waste 
flow, ventilation and contamination 
control/containment; 
(B) sanitary sewer, drains, holdup sys- 
tems, showers and other liquid han- 
dling systems; 

(5) management and staffing: 

(A) structure of facility organization 
showing line configuration of the 
radiation safety officer; 

(B) qualifications of management, super- 
visory and safety personnel; 

(C) staff training program; 

(6) description of waste: 

(A) general chemical, physical and radio- 
logical properties; 

(B) maximum quantity of each 
radionuclide to be incinerated per 
year; 

(C) maximum quantity of each 
radionuclide to be stored on-site at 
any one time; 

(D) maximum quantity of each toxic or 
hazardous constituent of the waste to 
be incinerated per year; 

(E) maximum quantity of each toxic or 
hazardous constituent of the waste to 
be stored on-site at any one time; 

(F) acceptance and rejection criteria for 
waste to be received for incineration; 

(7) treatment of waste to be shipped 
off-site: 

(A) classification; 

(B) immobilization; 

(C) packaging: 

(D) storage; 

(E) shipment; 

(F) disposal; 

(G) processing and disposal of ash; 

(8) prelicensing and operational public 
information program: 

(A) state and local government; 

(B) media and public; 

(9) plan for maintaining radiation exposures 
and releases of radioactivity as low as 
reasonably achievable (ALARA): 

(A) procedures, systems and criteria to 
maintain whole body, thyroid, and 
other organ radiation doses of the 
off-site public as low as reasonably 
achievable below the limits stated in 
Section ^400 .1600 of this Chapter; 

(B) procedures, systems and criteria to 
maintain whole body, thyroid, and 
other organ radiation doses of on-site 



7:18 



NORTH CAROLINA REGISTER 



December IS, 1992 



1893 



PROPOSED RULES 



personnel as low as reasonably 
achievable below the limits estab- 
lished in Section tO490 .1600 of this 
Chapter; 

(10) off-site impact assessment for routine 
operation: 

(A) maximum quantity and concentration 
of each radionuclide and toxic or 
hazardous constituent of the waste 
released annually to the air, to the 
water and to the soil; 

(B) maximum radiation doses to off-site 
populations to include dose to the 
nearest resident, a description of 
computational models, sample compu- 
tations and a summary of any previ- 
ous experience; 

(C) maximum off-site radionuclide con- 
centrations in air, soil, water and 
food; 

(11) monitoring programs and systems: 
analytical and portable monitoring 
equipment for radiological and chemi- 
cal measurements; 

inspection, monitoring and analysis of 
waste containers and waste prior to 
incineration; 

alarms, area monitors, stack/effluent 
monitors and facility shutdown mech- 
anisms to include action levels, reset 
and restart procedures and criteria; 
personnel monitoring and bioassay; 
preoperational environmental monitor- 
ing; 
operational environmental monitoring, 

to include, if available, a copy of the 
last environmental monitoring report 
filed with the U.S. Nuclear Regulato- 
ry Commission or agreement state 
program; 

(12) other regulations, standards and per- 
mits: 

(A) federal, state and local regulations and 
standards which will apply to the 
proposed facility or would apply to 
the facility in the absence of the ra- 
dioactive content of the waste; 

(B) other permits which are required to 
include the current status of applica- 
tions for and issuance of such per- 
mits; 

(13) accident analysis: 

(A) identification of accident modes; 

(B) major credible accidents and projected 
potential off-site impacts; 



(A 



(B) 



(C) 



(D) 
(E) 

(F) 



(C) mitigation of accidents and protection 
of the public; 

(14) emergency response plan: 

(A) on-site response; 

(B) local and county; 

(C) state and regional; 

(D) training and public information; 

(E) if available, copies of most current 
emergency response plans submitted 
to the U.S. Nuclear Regulatory Com- 
mission or an agreement state; 

(15) decontamination and decommissioning: 

(A) schedule; 

(B) procedure; 

(C) radioactive waste disposal plan. 

(b) The applicant shall submit to the agency ten 
copies of the license application, environmental 
assessment, and other information required in 
Paragraph (a) of this Rule and Rule .0317 of this 
Section. 



I 



Statutory Authority 
W4E-10(b). 



.0349 



G.S. J04E-7(2),(8); 



EXEMPTIONS: WASTE 
MANAGEMENT BY GENERATORS 

(a) Subject to the limitations in Paragraphs (b) 
and (c) of this Rule, any licensee is exempt from 
the provisions of G.S. 104E-6.1 and G.S. 
104E-10.1 with respect to the following waste 
management practices: 

( 1 ) storage of waste incidental to transfer to 
a licensed low-level radioactive waste 
facility authorized to receive such 
waste; 

(2) storage of waste to allow for total decay 
of contained radioactive material prior 
to disposal as nonradioactive waste; 

(3) storage of waste to allow for partial 
decay of contained radioactive material 
prior to disposal, incineration or other 
treatment; or 

(4) compaction, incineration, treatment, 
packaging or disposal of waste as pro- 
vided in the Rul es rules in Section 
t0400 .1600 of this Chapter. 

(b) Except as provided in Paragraph (c) of this 
Rule, the exemptions in Paragraph (a) of this Rule 
shall apply only to a licensee: 

( 1 ) who possesses and uses radioactive 
material pursuant to specific licenses 
issued by the agency and only to man- 
agement by the licensee of waste gener- 
ated incidental to such possession and 
use; 



I 



I 



1894 



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NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



(2) who is determined by the agency to be 
using sound waste management practic- 
es; 

(3) who is determined by the agency to be 
managing such low volumes or activity 
of waste that such exemptions will not 
endanger the public health or safety or 
the environment; and 

(4) whose combined waste management 
activities do not cause a radiation dose 
to the off-site public in excess of the 
limits stated in Rule .1223 of this Chap- 
ter. 

(c) The exemptions in Paragraph (a) of this Rule 
shall also apply to on-site disposal of waste by 
persons who generate waste pursuant to a license 
issued by the U.S. Nuclear Regulatory Commis- 
sion, provided that: 

(1) the U.S. Nuclear Regulatory Commis- 
sion determines that such on-site dis- 
posal is subject to regulation by the 
agency; 

(2) such persons satisfy the requirements in 
Subparagraphs (b)(2) and (b)(3) of this 
Rule; 

(3) such persons do not receive waste, 
generated by others or generated at 
other sites for the purpose of disposal; 

(4) such persons shall limit off-site dose to 
the public, resulting from all activities 
authorized by the agency and the U.S. 
Nuclear Regulatory Commission, to the 
limits stated in Rule .1223 of this Chap- 
ter or as prescribed by the U.S. Nucle- 
ar Regulatory Commission for U.S. 
Nuclear Regulatory Commission regu- 
lated activities, whichever is more 
restrictive; and 

(5) such persons apply for and receive a 
specific radioactive material license, 
issued by the agency pursuant to the 
Rules rules in this Section, which au- 
thorizes such disposal pursuant to Rule 
t«4+6 .1628 of this Chapter. 

Statutory Authority G.S. 104E-7(a)(10). 

.0353 FINANCIAL ASSURANCE AND 
RECORD-KEEPING FOR 
DECOMMISSIONING 

(a) Each applicant for a specific license autho- 
rizing the possession and use of unsealed radioac- 
tive material of half-life greater than 120 days and 
in quantities such that R divided by 10 s is greater 
than one (unity rule), where R is defined here as 



the sum of the ratios of the quantity of each 
isotope to the applicable value in the table in Ru l e 
r©434 Appendix C to 10 CFR 1§ 20.1001 - 
20.2401 shall submit a decommissioning funding 
plan as described in Paragraph (g) of this Rule. 

(b) Each holder of a specific license issued 
before the effective date of this Rule, and of a type 
described in Paragraph (a) of this Rule shall 
submit, no later than 60 days after the effective 
date of this Rule, a decommissioning funding plan 
or a certification of financial assurance for decom- 
missioning in an amount of at least seven hundred 
and fifty thousand dollars ($750,000) in accor- 
dance with the criteria set forth in this Rule. If 
the licensee submits the certification of financial 
assurance rather than a decommissioning funding 
plan at this time, the licensee shall include a 
decommissioning funding plan in any application 
for license renewal. 

(c) Each applicant for a specific license autho- 
rizing possession and use of radioactive material of 
half-life greater than 120 days and in quantities 
specified in Paragraph (f) of this Rule shall either: 

(1) submit a decommissioning funding plan 
as described in Paragraph (g) of this 
Rule; or 

(2) submit a certification that financial 
assurance for decommissioning has 
been provided in the amount prescribed 
by Paragraph (f) of this Rule using one 
of the methods described in Rule .0354 
of this Section. For an applicant, this 
certification may state that the appropri- 
ate assurance will be obtained after the 
application has been approved and the 
license issued but prior to the receipt of 
licensed material. As part of the certif- 
ication, the applicant shall submit to 
this agency, a copy of the financial 
instrument obtained to satisfy the re- 
quirements of Paragraph (g) of this 
Rule. 

(d) Each holder of a specific license issued 
before the effective date of this Rule, and of a type 
described in Paragraph (c) of this Rule shall 
submit, no later than 60 days after the effective 
date of this Rule, a certification of financial assur- 
ance for decommissioning or a decommissioning 
funding plan in accordance with the criteria set 
forth in this Rule. 

(e) Each holder of a specific license issued on or 
after the effective date of this Rule, which is of a 
type described in Paragraph (a) or (c) of this Rule, 
shall provide financial assurance for decommis- 
sioning in accordance with the criteria set forth in 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1895 



PROPOSED RULES 



this Rule. 

(f) Required amounts of financial assurance for 
decommissioning by quantity of radioactive materi- 
al where R is defined as the sum of the ratios of 
the quantity of each isotope to the applicable value 
in Rule .0 4 2 4 Appendix C to _10 CFR ££ 20.1001 
-_ 20.2401 are as follows: 

(1) for unsealed form, if R divided by 10 s 
is greater than one, then the minimum 
financial assurance amount is seven 
hundred and fifty thousand dollars 
($750,000) and shall be as stated in an 
approved decommissioning funding plan 
as described in Paragraph (g) of this 
Rule; 

(2) for unsealed form, if R divided by 10 4 
is greater than one but R divided by 10 5 
is less than or equal to one. then the 
financial assurance amount is seven 
hundred and fifty thousand dollars 
($750,000); 

(3) for unsealed form, if R divided by 10' 
is greater than one but R divided by 10 4 
is less than or equal to one. then the 
financial assurance amount is one hun- 
dred and fifty thousand dollars 
($150,000); 

(4) for sealed sources or plated foils, if R. 
divided by 10 10 is greater than one. then 
the financial assurance amount is seven- 
ty five thousand dollars ($75,000). 

(g) Each decommissioning funding plan shall 
contain a cost estimate for decommissioning and a 
description of the method of assuring funds for 
decommissioning as referenced in Rule .0354 of 
this Section, including means of adjusting cost 
estimates and associated funding levels periodically 
over the life of the facility. 

(h) Each person licensed under this Section of 
this Chapter shall keep records of information 
important to the safe and effective decommission- 
ing of the facility in an identified location until the 
license is terminated by the agency. If records of 
relevant information are kept for other purposes, 
reference to these records and their locations may 
be used. Information the agency considers impor- 
tant to decommissioning includes, but is not 
limited to: 

(1) Records of spills or other unusual 
occurrences involving the spread of 
contamination in and around the facili- 
ty, equipment, or site. 
(A) These records may be limited to 
instances when contamination remains 
after any cleanup procedures or when 



there is reasonable likelihood that 
contaminants may have spread to 
inaccessible areas as in the case of 
possible seepage into porous materials 
such as concrete. 
(B) These records shall include any 
known information on identification 
of involved nuclides, quantities, 
forms, and concentrations. 

(2) As-built drawings and modifications of 
structures and equipment in restricted 
areas where radioactive materials are 
being used or stored, and of locations 
of possible inaccessible contamination 
such as buried pipes which may be 
subject to contamination. 

(A) If required drawings are referenced, 
each relevant document need not be 
indexed individually . 

(B) If drawings are not available, the 
licensee shall substitute appropriate 
records of available information con- 
cerning these areas and locations. 

(3) Records of the cost estimate performed 
for the decommissioning funding plan 
or of the amount certified for decom- 
missioning, and records of the funding 
method used for assuring funds if either 
a funding plan or certification is used. 

Statutory Authority G.S. 104E-7; 104E-18. 

SECTION .0400 - STANDARDS FOR 
PROTECTION AGAINST RADIATION 

.0401 PURPOSE AND SCOPE 

(a) Thi s Section e s tabli s hes standards for protee 
tion against ionizing radiation hazards. — Except a s 
otherwise — specifically — provided. — ihh — Section 



app+ 



ics to all licensees or registrants. 



rth-i 



this Section shall be interpreted as — limiting the 
intentional exposure of patients to radiation for the 
purpo s e of medical diagno s is or therapy. 

fb-) — In addition to complying with the require 
ment a s et forth in this Section, every reasonable 
effort shall be made to maintain radiation expo 
sures. — and releases — of radioactive — materials — m 



?#k 



-te 



luents to unrestricted areas, as far below 
limits specified in thi s Section as practicable. — T4w 
term — "a s far below the limits s pecified in thi s 
Section as practicable" means as low as rcasonablv 
achievable taking into account the state of technol 
ogy. and the economic s of improvements in rein 
tion to benefits to the public health and safety and 
in relation to the utilization of ionizing radiation in 



t 



1896 



7:18 



XORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



the public interest. 

(e) Nothing in this Section s hall relieve a liccn s 
ee engaged in operation of a radioactive waste 
disposal facility, a s defined in Rule .010 4 of thi s 
Chapter, from re s pon s ibility for complying with 
the requirements in Section .1200 of thi s Chapter. 

Statutory Authority G.S. 104E-7. 

.0402 RADIATION DOSE TO INDIVIDUALS IN RESTRICTED AREAS 

$tt) — Except as provided in (c) of this Rule, no licen s ee or registrant shall possess, use, receive, or tran s fer 
sources of radiation in such a manner as to cause any individual in a restricted area to receive in any period 
of one calendar quarter from all s ource s of radiation in the licensee's or registrant's possession a dose in 
excess of the limit s s pecified in the following table: 

Rems/Calendar Quarter 

Whole body: head and trunk; W3S 

Active blood forming organs; 
Lens of eye s ; or Gonad s 

Hand s and forearms; 18.75 

Feet and ankle s 

Skin of whole body 7-^50 

fb-) — For determining the do s e s specified in thi s Rule, a dose from x or gamma rays up to 10 MeV may be 
assumed to be equivalent to the expo s ure mea s ured by a properly calibrated appropriate instrument in air at 
or near the body surface in the region of the highest dose rate. 

(c) A licensee or registrant may permit an individual in a restricted area to receive a dose to the whole body 
greater than that permitted under (a) of thi s Rule provided that: 

f-H During any calendar quarter the dose to the whole body from sources of radiation in the licensee's 

or regi s trant' s po s se ss ion s hall not exceed three rems; 

{3} The dose to the whole body, when added to the accumulated occupational dose to the whole body. 

s hall not exceed 5(N 18) rem s where "N" equal s the individual' s age in years at his last birthday; 
ft no 

f3-) The licensee or regi s trant ha s determined the individual's accumulated occupational dose to the 

whole body on appropriate form(s) provided by the agency or on a clear and legible record 
containing all the information required in that form and ha s otherwise complied with the 
requirement s of Rule .0 4 03 of this Section. — As u s ed in this Rule "dose to the whole body" shall 
be deemed to include any dose to the whole body, gonads, active blood forming organs, head and 
trunk, or lens of eyes. 

Statutory Authority G.S. 104E-7. 

.0403 DETERMINATION OF PRIOR DOSE 

fa) — Each licensee or registrant s hall require any individual, prior to first entry of the individual into the 
licensee's or registrant's restricted area during each employment or work assignment under such circum s tance s 
that the individual will receive or is likely to receive in any period of one calendar quarter an occupational 
do s e in excess of 25 percent of the applicable standards specified in Rules .0 4 02(a) and .0 4 05(a) of this 
Section, to di s clo s e in a written, signed statement, cither: 

f-H that the individual has no prior occupational do s e during the current calendar quarter, or 

f2-) the nature and amount of any occupational dose which the individual may have received during that 

specifically identified current calendar quarter from s ources of radiation possessed or controlled 
by other per s on s . 
Each licen s ee or registrant s hall maintain records of s uch statements until the agency authorizes their 
disposition. 
fb-» — Before permitt i ng any individual in a restricted area to be exposed to radiation in excess of the limits 



7:18 NORTH CAROLINA REGISTER December 15. 1992 1897 



PROPOSED RULES 



specified in Rule .0 4 02(a ) of this Section, each licensee or registrant s hall: 



f-H obtain a certificate on appropriate form(s) provided by the agency or on a clear and legible record 

containing all the information required in that form, signed by the individual, showing each period 
of time after the ind i vidual attained the age of 18 in which the individual received an occupational 
dose of radiation: and 

f=-i calculate on the agency form, in accordance with the instructions appearing therein, or on a clear 

and legible record containing al l informat i on required in that form, the previously accumulated 

occupational dose received by the individual and the additional dose allowed for that individual 

under Rule .0 4 02(c) of thi s Section. 

t-e-) — In the preparation of the appropriate agency form(s) or a clear and legible record containing all the 

information required in that form, the licensee or regi s trant s hall mak e a reasonable effort to obtain reports 

of the individual' s previously accumulated occupational do s e. — For each period for which the licensee or 

regi s trant obtains the s e reports, he shall use the do s e s hown in the report in preparing the form. — In any case 



I 



w 



here a licensee or regi s trant is unable to obtain reports of the individual 



pational dose for a previous 



ccn s cc or rcgi s naiu i s uimnic to outum icpous ui me inuiviuuai s occi 
complete calendar quart e r, it shall be assumed that the individual ha s receiv e d the occupational dose specified 
in whichever of the following columns apply: 



Column 1 



A ss umed Dose in Rcms 



Column 2 



Assumed Dose in Rcms 



for Calendar Quarter s 



for Calendar Quarters 
Beginning on or after 



Prior to January 



!-%4- 



Januorv 



W#4 



Part of Body 



^r^5- 



W'hole body 
Gonad s 
Active blood 
forming organ s 
Head and trunk 
Len s of eves 



-3S 



t 



fd-) — The licensee or registrant s hall retain and preserve records used in preparing the appropriate agency 
form(s). — If calculation of the individual's accumulated occupational do s e for all periods prior to January 1. 



+964- 



ikk 



result higher than the applicable accumulated do s e value for the individual as of that date as 



specified in Rule .0 4 02(c) of thi s Section, the exce ss may be di s regarded. 



Statutory Authority G.S. 104E-7: 104E-1 2(a)(2). 

.0404 CONCENTRATIONS IN A 
RESTRICTED AREA 

hm — No licen s ee shall po ss e ss , use or tran s fer 
radioactive material in such a manner as to permit 
any individual — in a re s tricted area to inhale a 
quantity of radioactive material, in any period of 
one calendar — quarter greater — tltftfi — tlte — quantity 
which would resu l t from inhalation for 4 hours 



per week for 1 > weeks at uniform concentrations 
of radioactive material in air specified in Table I. 
Column 1 of Rule .0 4 23(a) of this Section. 
fb-> — To determine compliance with (a) of thi s 



m- 



-=fhx 



4+^ 



concentration fe-r- s olut 

hydrogen 3 in Table I. Column — 1— ©f 



R 



H4^ 



,042- 



M-a-t- 



of thi s Secti 



on may 



multiplied bv 2: 



(-2-1 For radon 222. the limiting quantity is 

that inha l ed in a period of one calendar 
year: 

f3-t For- — radioactive — material — designated 

"Sub" in the "Isotope" column of Table 
1 in Rule .0 4 23(a) of this Section the 
s pecified concentrations are based upon 
expo s ure to the radioactive material as 
an e xt e rnal s ource: hence. — individual 
exposures to these radioactive materials 
may be accounted for as part of the 
limitation on individual do s e in Rule 
.0 4 02 of thi s Section: 
It s hall be a ss umed that a person work 



+4+ 



«« — R) hours per week inhales 6.3 x 
-fO- ml of air during 13 such weeks and 
2.5 x 10 - inl of air during one year. 
fe-» — Notwith s tanding (a ) of thi s Rule, if radioac 



♦ 



1S9S 



7:18 



XORTH CAROLLXA REGISTER 



December 15, 1992 



PROPOSED RULES 



tivc material is of such form that intake by ab s orp 
tion through the s kin i s likely, individual expo 
sures to radioactive material s hall be controlled s o 
that the uptake of radioactive — material by any 
organ from cither inhalation or ab s orption or both 
routes of intake in any calendar quarter doe s not 
exceed that which would result from inhaling such 
radioactive material for 4 hour s per week for 13 
weeks at uniform concentrations s pecified in Table 
I, Column 1 in Rule .0 4 23(a) of this Section. 

fd-) — Notwithstanding (a) to (e) of this Rule, no 
licensee shall possess, use or tran s fer mixture s of 
y 23 4 , U 235. and U 238 in soluble form in such 



unin I of Rule .0 4 23(a) of this Section need not be 
included in such a ss e ss ment, provided that for any 
assessment in exces s of these amounts the entire 
amount is included. 

(g) The licensee shall, as a precaut i onary procc 
dure, u s e process or other engineering controls to 
limit concentrations of radioactive materials in air 
to level s below tho s e defined in Rule .010 4 (7) of 
this Chapter. — When it is impracticable, by such 
means, to limit s uch airborne concentrations below 
the level s defined in Rule .010 4 (7) of this Chapter, 
other precautionary procedures, such a s increa s ed 
surveillance, limiting worktime s or provision of 



a manner as to permit any indiv i dual in a restricted re s piratory protective equipment, shall he used to 

maintain intake of rudioactive materials by any 
individual within any period of seven consecutive 
day s a s far as rea s onably achievable below that 
intake of radioactive material which would re s ult 



area to inhale a quantity of such material in any 
calendar week greater than the quantity which 
wou l d result from inhalation for 4 hours at a 
uniform — concentration — of such — material — i-n — a+r 
specified in Table I. Column 1 of Rule .0 4 23(a) of 
this Section. — If s uch soluble uranium i s of a form 
s uch that absorption through the skin is likely, 
individual — exposures — fe — s uch — material — shall — be 
controlled so that the uptake of such material by an 
organ from either inhalation or absorption or both 
routes of intake, during any calendar week, doe s 
not exceed the quantity which would result from 
inhalation for 4 hours at a uniform concentration 
of such mater i al in the air as specified in Table I. 
Column 1 of Rule .0 4 23(a) of this Section. 

fe) — Exposures due to accident. — inadvertence, 
poor procedure. — or s imilar conditions — shall — be 
evaluated and accounted for by appropriate tech 
niqucs and procedures. — Such exposures shall be 
i ncluded i n determining compliance with (a), (c) 
and (d) of this Rule. 



fft — For the purpo s e of determining compl i ance 
with the requirement s of thi s Ru l e, the licen s ee 



tebk 



mea s urements of concentrations 



snai l use sui 

of radioactive material s in air for detecting and 
evaluating airborne radioactivity in re s tricted areas 
and in addition, a s appropriate, shall use mea s ure 
meats of radioactivity in the body, excreted from 
the body, or any combination of such measure 
ment s a s may be nece s sary for timely d e tection 
and as s e ss ment of individual intake s of radioactivi 
ty by expo s ed i ndividual s . — It shall be a s sumed that 
an ind i vidual inhales radioactive material at the 
airborne concentrat i on in which the individua l i s 
present, unle ss re s piratory protective equipment i s 
used pursuant to (h) of this Rule. — When a ss e ss 
ment — of an — indiv i dual' s — intake — of radioactive 
material i s nece ss ary, intakes les s than those which 



would result frc 



ihalati 



on for two hours in anv 
one day or for ten hour s in any one week at 
uniform concentrations specified in Table I. Col 



from inhalation of s uch material for 4 hour s at 
the uniform concentration s s pecified in Table I. 
Column — h — of Rule — .0 4 23(a) — of this — Section. 
Whenever the intake of radioactive material by any 
individual exceed s thi s 4 hour control measure, 
the licen s ee shall make such evaluations and take 
s uch action s a s are nece s sary to a ss ure against 
recurrence. — The licen s ee s hall maintain records of 



such occurrence s , evaluations, and act i ons in a 
clear and readily — i dentif i able form suitable for 
s ummary rev i ew and evaluation. 

fh-) — When respiratory protective equipment is 
used to limit the inhalation of airborne radioactive 
materials pursuant to (g) of this Rule, the licensee 
may make allowance for such use in estimating 
exposure s of individuals to such radioactive mate 
rta+s — provided that — stteh — equipment — is used as 
s tipulated in Regulatory Gu i de 8 .15. "Acceptable 
Program s for Re s piratory Protection", of the U.S. 
Nuclear Regulatory Commission. 

fB The — licen s ee — s hall — notify the agency — if* 

writing at lea s t 30 days before the date that resp i 
ratory protect i ve equipment i s fir s t used under the 
provis i on s of (g) of thi s Rule. 

(j) Notwithstanding the provi s ion s of (g) and (h) 
of th is — Ru l e. — the — agency — may — impose — further 
re s trictions: 



fB- 



on the extent to which a licensee may 
make allowance for use of respirators in 



lieu of provi s ion of 



and the 



provi s ion or procc s 
engineering control s , i f application of 
such control s is found to be practicable: 



tUKl 



that the 



(2-) a s may be nece ss ary to a ss ure 

respiratory protect i ve program of the 
licensee i s adequate in limiting e xpo 
sures of personnel to airborne radioac 



7: IS 



NORTH CAROLINA REGISTER 



December 15, 1992 



LS99 



PROPOSED RULES 



t i vc materials. 
Statutory Authority G.S. 104E-7. 

.0405 EXPOSURE OF MINORS 

fa-) — No licen s ee or regi s trant shall possess, use. 
or transfer sources of radiation in sueh a manner 
as to cause any individual within a re s tricted area, 
who is under 18 year s of age to receive in any 
period of one calendar quarter from all sources of 
radiation in s ueh licensee's or regi s trant' s po ss e s 
s ion a dose in exce ss of ten percent of the limits 
spec i fied in the table in Rule .0 4 02(a) of this 
Section. 

f&) — No licensee shall possess, u s e. or transfer 
radioactive material in such a manner as to cause 
am- — individual within — a restricted ar e a. — w%e — ks 
under IS years of age. to be exposed to airborne 
radioactive materia l in an average concentration in 
excess of the limits s pec i fied in Table II in Rule 

.0 4 23(a) of this Section. For purposes of this 

Rule, concentrations may be averaged oxer periods 
not greater than one week. 

(c) The provis i ons of Rule .0 4 4 (a) to (d) of this 
Sect i on shall apply to exposures subject to (b) of 
this Rule. 



Statutory Authority G.S. 104E-7. 

.0406 PERMISSIBLE LEVELS IN 
UNRESTRICTED AREAS 

fa-) — Except as authorized by the agency pur s uant 
to (b) of thi s Rule, no licensee or registrant s hall 
possess, use. or transfer source s of radiation in 
such a manner as to create in anv unrestricted area 
from such source s of radiation in his possession: 

f-k) radiation level s which, if nn individual 

were continuou s ly present in the area, 
could re s ult in hi s receiving a dose in 
exce ss of two millirems — in any one 
hour: or 

f=-) radiation l evel s which, if an individual 

were continuou s ly present in the area 



it* 



«W- 



resul 



t+t 



-htt- 



a dos 



ffl 



receiving a uose 
exces s of 100 millirems in any s even 
con s ecut i ve day s . 



-fef 



feH — Any person may apply to the agency tor 
proposed limit s upon leve ls of radiation in tin re 
s trictcd area s in exces s of tho s e specified in (a) of 
this Rule resulting from the applicant's possession 
or u s e of s ources of radiation. — The application 
shall include information as to anticipated average 
radiation levels and anticipated occupancy time for 
each unre s tricted area involved. — The agency will 



approve the propo s ed limit s if the applicant dem 
onstrates to the s ati s fact i on of the agency that the 



proposed limit s are not likely to cause any individ 
ual to receive a do s e to the whole body in any 
period of one calendar year in excess of 0.5 rem. 
ffr) — It is the intent of thi s Rule to limit radiation 
levels so that it is unlike l y that individuals in 
unrestricted areas would receive a dose to the 
whole body in excess of 0.5 rem in any one year. 
If in s pecific in s tance s it is determined by the 
agency that this intent is not met. the agency may 



impose sueh additional requirements on the licens 
ce or registrant as may be necessary to meet this 
intent. 



Statutory Authority G.S. 104E-7. 

.0407 CONCENTRATION IN EFFLUENTS 
TO UNRESTRICTED AREAS 



fa-) — No licensee s hall po s se s s, use. or transfer 
licen s ed radioactive material so a s to release to an 
unrestricted area radioactive material in eoncentra 
t i ons which exceed the limits specified in Table II 
in Rule .0 4 23(a) of thi s Section, except as autho 
rized pur s uant to Rule .0 4 16 of thi s Section and 



(b) of thi s Ruk 



-er- 



purpos 



^+ 



f this R 



trte-r 



concentration s may be averaged over a period not 
greater than one year. 

fb-) — An application for a licen s e or amendment 
may include proposed limits — higher than tho s e 



specified in (a) of thi s Rul 



-Tbe 



agency wi 



speeincu — in lai o i — wtts — nine. 1 ne agi 

approve the propo s ed limit s if the applicant dem 
on s trate s : 

f-k) that the applicant has made a reasonable 

effort — te — minimize — ttte — radioactivity 
conta i ned — m — effluent s to — unrestricted 
areas, and 

that — rt — ks — net — like l y — that — radioactive 
material — discharged — m — the — effluent 



f=B- 



w ou Id — re s ult — m — the exposure — of an 
individual to concentration s of n radio 
active material in air or water exceed 
ing the limits specified in Table II in 
Rule .0 4 23(a) of this Section. 



fe-) — An applicat i on tor higher limits pursuant to 
(b) of thi s Rule shall include information demon 
s trnting that the applicant has made a rea s onable 
effort to min i mize the radioactivity discharged in 
effluents to unrestricted area s , and s hall include, as 



pert i nent: 

f4-) 



tformation a s to flow rates, total vol 



time of effluent, peak concentration of 
each radionuclide in the effluent, and 
concentration of each radionuclide in 
the effluent averaged over a period of 
one year at the point where the effluent 
leave s a stack, tube. pipe, or similar 



1900 



7: IS 



XORTH CAROLIXA REGISTER 



December 15, 1992 



PROPOSED RULES 



conduit; 

{5} a description of the properties of the 

effluent s , including: 
{A) — chemical composition; 

fB) — physical — characteri s tic s . including 

suspended — solids — content — m — liquid 
effluents, and nature of ga s or aero s ol 
for air effluents; 
fG) — the hydrogen ion concentrations (pH) 

of liquid effluent s ; and 
{©3 — the — s+se — range — of- — particulate s — m 
e ffluents released into air; 

0j a description of the anticipated human 

occupancy — m — the — unre s tricted — area 



whr 



-the 



st — concentration — ef- 



fete — me — nignc s t 
rad i oactive material from the effluent k 



?f- 



W- 



cxpectcd and. in the case ot a river or 
s tream. — a — description — of water — uses 
downstream from the point of relea s e of 
the effluent; 

information as to the highe s t concentra 
tion of each radionuclide in an unrc 
stricted area including anticipated eon 
centrations averaged over a period of 
one year: 
{A) — in air at any point of human occupan 

cy. or 
•(-&) — in water at points of use down s tream 

from the point of relea s e of the efflu 

efttt 



^~ 



-thr 



jk 



•wckgrou 



nd- 



eonccntration 



-e# 



&- 



radionuclide s in the rece i ving river or 
s tream prior to the relea s e of liquid 
effluent; 

-a — description — of- — the — environmental 
monitoring equipment including sensi 
tiv i tv of the system and procedures and 
calculation s to determine concentration s 



<&- 



ot radionuclide s in the unrestricted area 

and po ss ible rcconccntration s of 

radionuclide s ; and 

a de s cr i ption of the wa s te treatment 

facilities and procedure s u s ed to reduce 



the 



-ee 



neentration — of radionuclide 



-m 



effluents prior to their release. 



(d) For the purposes of thi s Rule, the concentra 
tion limits in Table II in Rule .0 4 23(a) of this 
Section shall apply at the boundary of the re s tr i ct 
ed area. — The concentration of radioactive material 



di s charged through a s tack, pipe or s imilar conduit 
may be determined with respect to the point where 
the material l eave s the condu i t. — If the conduit 
discharges w i thin the restricted area, the concen 
trat i on at the — boundary may be determined by 
applying appropriate factors for dilution, di s per 



sion. or decay between the point of discharge and 
the boundary. 

(e-) In addition to limiting concentrations in 

effluent s tream s , the agency may limit quantities of 
radioactive material released in air or water during 
a specified period of time if it appears that the 
daily — intake — of radioactive — material — from — a+r-r 
water, or food by a suitable s ample of an exposed 
population group. — averaged — over a period — not 
exceeding one year, would oth e rwi s e exceed the 
daily intake resulting from continuous exposure to 
air or water containing one third the concentration 
of radioactive material specified in Table II in Rule 
.0 4 23(a) of this Section. 

ff-) — The provisions of this Section do not apply 
to di s po s al of radioactive material — into sanitary 
sewerage — systems, which — i s governed by — Rule 
.0 4 16(d) of thi s Section. 



Statutory Authority G.S. 104E-7. 

.0408 BIOASSAY SERVICES 

Where nece ss ary or de s irable in order to aid in 
determining the extent of an individual' s expo s ure 
t© — concentrations — ef — radioactive — material. — the 
agency may incorporate license provisions or issue 
an order r e quiring a licensee or regi s trant to make 
available to the individual appropriate bioassay 
s e rvice s and to furni s h a copy of the report s of 
such services to the agency. 

Statutory Authority G.S. 104E-7; 104E-1 2(a)(2). 

.0409 SURVEYS 

Each licensee or registrant shall make or cause to 
be made s uch s urveys as may be necessary for him 
to establi s h compliance with the s e Regulations. 

Statutory Aathorin- G.S. 104E-7. 



.0410 PERSONNEL MONITORING 

Each — licen s ee or regi s trant shal l 



W- 



ipph/ 

appropriate personnel — monitoring equipment to. 
and shall require the use of such equipment by: 



w- 



cach individual who entc 



stricted 



icrs a resiriciec 
area und e r such circumstances that he 



do s e 



&- 



receive s , or i s likely to receive, a uose 
in any calendar quarter in exce ss of 25 
percent of the applicable value s pecified 
in Rule .0 4 02 of this Section; 
each individual under 18 year s of age 
who enters n re s tricted area under such 
circum s tances that he receives. — or is 
like l y to receive, a dose in any calendar 
quarter in excess of five percent of the 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1901 



PROPOSED RULES 



f^- 



applicablo value specified in Rule .0 4 02 

of this Section; and 

each individual who enter s a high rad i a 



tion area. 
fb-i — Expo s ure of a personnel monitoring do vie 



to deceptively — indicate a do s e delivered to an 
individual i s prohibited. 

<-e4 — With the exception of direct and indirect 
reading pocket ionization chambers and dosimeters 
used to measure the do s es to the hand s , forearms, 
feet and ankles, all per s onnel dosimeters which are 
used to comply with Rules .0 4 02 or .0 4 05 of thi s 
Section or with condition s in a license or rogi s tra 
tion and which require processing to determine the 
radiation doses shall be provided and evaluated by 
a dosimetry processor who is: 



f4- 



m- 



rcgistered — te — provide — s«eh — services 
pursuant to Rule .0205 of this Chapter. 
a n □ 

accredited by the National Voluntary 
Accreditation Programs 



Laboratory, 



iNVLAP) of the National Bureau of 
Standards for the type of radiation or 



radiati 



included — m — tbe — NVLAP 



programs that most closely approximate 
the type of radiation or radiation s for 
which the individual wearing the dosim 
etor i s monitored. 



Statutory Authority G.S. 104E-7; 

.0411 CAUTION SIGNS: LABELS: AND 
SIGNALS 

(ti) General requirements are as follow s : 

f-h Except as otherwise authorized by the 

agency. — symbols — pre s cribed — by- — this 
Section shall u s e the conventional radia 
tion caution colors, magenta or purple 

on yellow background. The symbol 

pre s cribed by this Section i s the con 
vcntional three bladcd de s ign, radiation 
symbol. 



Radiation Symbol 
<-A-) — G 



rosshatehed area is to be magenta or 
purple. 
fBi — Background is to be yellow , 

(3) In addition to the contents of sign s and 

labels — prescribed — m — th+s — Section. — a 
licen s ee or regi s trant may provide on or 
near these signs and label s any addi 



4* 



m- 



tional information which may be appro 
priate in aiding individuals to minimize 
exposure to radiation. 
The word "danger" may be s ub s tituted 
for the word — "caution" — in the signs 



described in this Rule. 
fb-) — Each radiation area shall be conspicuously 
posted with a sign or signs bearing the radiation 
caution symbol and the words: 



CAUTION 
RADIATION AREA 

{ej — High radiation areas shall be posted and 
protected as follows: 

Each high radiation area shall be eon 



I 



<-H- 



spicuou s ly posted with a sign or signs 
bearing the radiation caution symbol 
and the words: 

CAUTION 
HIGH RADIATION AREA 

{3} Each entrance or access point to a high 

radiation area shall be posted with the 
sign described in Subparagraph (c)( I ) of 
thi s Rule and shall be: 
fA-j — equipped with a control device which 
shall cause the level of radiation to be 
reduced below that at which an indi 
vidual might receive a do s e of 100 
millircins in one hour upon entry into 
the area: or 



t&- 



I'hioh 



equipped with a control device vvhicr 
shall energize a conspicuou s vi s ible or 
audible alarm signal in such a manner 
that the individual entering the high 



t 



mS 



iiation area and the licensee, regis 
trant. or a s upervisor of the activity 
arc made aware of the entrv: or 



fC-) — maintained — locked — except — during 
period s when access to the area — i* 
required, with po s itive control over 
each individual entry'- 



^ 



^T4k 



mtrols 



ie controls required by Subparagra 
(c)(2) of this Rule shall be established 



pfe 



individual will be 



U+- 



&- 



in such a way that no individual wil 
prevented from leaving a high radiation 
area. 

In the ca s e of a high radiation area 
e stabli s hed for a period of 30 day s or 
fess^ — direct — surveillance — te — prevent 
unauthorized entry may be substituted 
for the controls required by Subpara 
graph (c)(2) of thi s Rule. 
Any licensee, registrant or applicant for 
a license or registration may apply to 
the agency for approval of methods not 
included in Subparagraphs (e)(2) and 
( 4 ) of this Rule for controlling access to 



♦ 



1902 



7: 18 



XORTH CAROL1XA REGISTER 



December 15, 1992 



PROPOSED RULES 



high radiation areas. — The agency will 
approve the propo s ed alternatives if the 
licensee, registrant or applicant demon 
strates that the alternative methods of 
control will prevent unauthorized entry 
into a high radiation area, and that the 
requirement s of Subparagraph (c)(2) of 
this Rule are met. 



m 



Each 



v'hich the 



area in wnicn there may exi s t 
radiation level s in exce ss of 500 rems 
in one hour at one meter from a sealed 
radioactive source that is used to irradi 
ate materials — s hall meet the require 
ments which follow. 
(A) — Each entrance or access point shall: 

{+) be equipped — w+th — entry control 

devices — which — shah — function 
automatically — to — prevent — any 

individual from inadvertently 

entering — the — afea — when — these 
radiation level s exi s t; 

<+H permit deliberate entry into the 

area — eftly — after — actuation — of a 
control device which shall cause 
the radiation level within the area, 
from — the — s ealed — source, — te — be 
reduced below that at which it 
would be po ss ible for an individu 
al to receive a dose in excess of 
100 mrem in one hour; and 
fht-) — prevent operation of the source if 
the source would produce radia 
tion level s in the area that could 
re s ult in a do s e to an individual in 
exce ss of 100 mrem in one hour. 
fj&) — Each — area — s hall — be — equipped — with 
additional control device s s uch that 
upon — failure — of the — entry — control 
device s — to function a s — required by 
Subparagraph (c)(6)(A) of thi s Rule, 
the radiation level — within the area, 
from the s ealed source, shall be re 
dueed below that at which it would be 
possible for an individual to receive a 
dose in excess of 100 mrem in one 

hour. Vi s ible — and — audible — alarm 

signals shall be generated to make: 

ft) an individual attempting to enter 

the area aware of the hazard; and 

fit) the licensee, or at least one other 

individual who is familiar with th e 
activity and prepared to render or 
summon ass i stance, aware of the 
fa i lure of the entry control devie 
e>T7 



fG) — Each — afea — shaH — be — equipped — with 
control devices, such that: 

fH upon failure or removal of physi 

cal radiation barriers, other than 
the — source's — shielded — s torage 
container, the radiation level from 
the source shall be reduced below 
that at which it would be possible 
for an individual to receive a dose 
in excess of 100 mrem in one 
hour; 

(tH visible and audibl e alarm signals 

shall be generated to make: 

H-) potentially affected individua te 

aware of the hazard, and 

<-H-) the licensee. — or at least one 

other individual who is famil 
iar with the activity and pre 
par e d to — render or summon 
assistance, aware of the failure 
ef — removal — of the — physical 
barrier. 
When the s hield for the stored source i s a liquid, 
mean s s hall be prov i ded to monitor the integrity of 
the shield and to s ignal, automatica l ly, — loss of 
adequate s hielding. Physical radiation barriers that 
compri s e permanent structural components, s uch as 
wall s that have no credible probability of failure or 
removal in ordinary circum s tances, need not meet 
the requirement s of this Subparagraph. 

f&) — Each — area — shah — be — equipped — with 
device s that will automatically gencr 
ate vi s ible and audible alarm s ignal s 
to alert personnel in the area before 
the s ource can be put into operation 
and in s ufficient time for any individ 
ual in the area to operate a clearly 
identified control device which shall 
be in s talled in the area and which can 
prevent the source from being put into 
operation. 
(E) — Each area shall be contro l led by use 
of such administrative procedures and 
s uch — device s — as — are — neces s ary — te 
as s ure that the area is cleared — ef 
personnel prior to each use of the 
source preceding which use it might 
have been possible for an individual 
to have entered the area. 
fF-) — Each area shall be checked by a phys ■ 
ical radiation measurement to assure 
that — prior to the — ftfst — individual's 
entry into the area after any use of the 
source, the radiation level from the 
source in the area is below that at 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1903 



PROPOSED RULES 



which — it would be possible for an 
individual to receive a dose in excess 
of 100 inrem in one hour. 



-Tte 



licen s ee shall test the entry con 
trol devices required in Subparagraph 
(e)(6)(A) — of thi s — Rule — fef- — proper 
functioning prior to initial operation 



ith the 



tree of radiation or 



fri- 



day that operations arc not uninter 
ruptedly continued from the previou s 
day — ef — before — resuming — operations 
after any unintended interruption. 
The — licen s ee — s hall — maintain — Fe- 
cord s — of the — dates. — time s — a»d 
results of such test s of function. 
rve — stteh — operations — other — thaa 
tho s e — necessary — te — place — the 
en — or to 



s ource — m — safe — ee- 



nditi 



effect repairs on control s s hall be 
conducted with the source unles s 
control — device s — are — functioning 
properly. 



firi- 



The — licen s 



*haH — s ubmit — aft 



acceptable — s chedule — f-ef — more 
■ed+e — teste — ef- — the 



lplotc 



pen 



entry control and warning systems 
to be established and adhered to 
as a condition of the licen s e. 

fH-) — The licensee shall have those entry 
and exit portal s that are used in trans 
porting — material s — te — and — from — fee 
irradiation — afea — etn4-. — that — are — iwt 
intended for use by individuals, con 
trolled by such devices and adminis 
trativc procedures a s are nece ss ary to 
physically protect and warn against 
inadvertent entry by any individual 
through the s e portal s . — Exit portals for 
processed materials shall be equipped 
to detect and s ignal the presence of 
loo s e radiation s ource s that are car 
ricd toward s uch an exit and to auto 
matically prevent the loose sources 
from being carried out of the area. 

fh Licensees with, or applicant s for. li 

censes for radiation sources that: 

frVt — arc within the purview of Subpara 
graph (c)(6) of thi s Rule: 

f-frt — mu s t be used in a variety of positions 
or in peculiar location s , s uch a s open 
field s or forests; and 

fGi — make it impracticable to comply with 
certain requirement s of Subparagraph 
(c)(6) of this Rule, s uch as tho s e for 
the — automatic — control — e# — radiation 



levels; 
may apply to the agency for approval prior to use 
of safety measures that are alternative to those 
specified in Subparagraph (c)(6) of this Rule, and 
that will provide at lea s t an equivalent degree of 
per s onnel protection in the use of these sources. 

(83 At lea s t one of the alternative measures 

pursuant to Subparagraph (c)(7) of this 
Rule must include an entry preventing 
interlock control ba s ed on a physical 
measurement of radiation that assures 
the — absence — of high — radiation — level s 
b e fore an individual can gain access to 
an area where the sources are used. 

tQ) Subparagraph (c)(6) of this Rule docs 

not apply to radioactive sources that arc 
used in: 
fA-) — teletherapy. 
fB} — radiography, or 

fC4 — completely s hielded irradiators within 
which the source: 

fB i s both s tored and operated with 

m- 

(4-) the — same — s hielded — radiation 

barrier, and 
fH-) — the designed configuration of 
the irradiator; 

t+H is — always — inaccessible — te — any 

individual: and 
ftti-t — cannot create high levels of radia 
tion in an area that is accessible to 
any individual. 
fd} — Each airborne radioactivity area shall be 
conspicuously posted with a s ign or signs bearing 
the radiation caution symbol and the words: 

CAUTION 
AIRBORNE RADIOACTIVITY AREA 



< 



I 



fe-) — Additional Requirements 



W- 



Each 



area or room in which anv radio 



active — material. — other — than — natural 
uranium or thorium, is used or stored 
in an amount e xceeding ten times the 
quantity of radioactive material s peci 
fied in Rule .0 4 2 4 (a) of this Section 
shall be conspicuou s ly po s ted with a 
sig-R — ©f — signs — bearing — the — rad i ation 
caution svmbol and the words: 



CAUTION 
RADIOACTIVE MATERIAL 

^33 Each — area or room — in which — natural 

uranium or thorium i s used or s tored in 



# 



1904 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



an — amount — exceeding — 1-00 — times — the 
quantity specified in Rule .0 4 2 4 (a) of 
this — Section — shall — be — conspicuously 
po s ted with a s ign or s igns bearing th e 
radiation caution s ymbol and the word s : 

CAUTION 
RADIOACTIVE MATERIAL 

ff) — Containers 

•(4^ Except as provided in — Subparagraph 

(f)(3) of thi s Rule each container of 
radioactive material shall bear a dura 
ble. clearly vi s ible label identifying the 
radioactive content s . 

•(-3-) A label required pursuant to Subpara 

graph (f)(1) of thi s Rule shall bear the 
radioactive — caution — symbol — and — the 
word s : 

CAUTION 
RADIOACTIVE MATERIAL 

•k — shall — fttee — provide — s ufficient — information to 
permit individuals handling or using the contain 
crs, or working in the vicinity thereof, to take 
precautions to avoid or minimize exposure s . — The 
information shall include radiation level s , kind s of 
material, e s timate of activity and date for which 
activity is estimated a s appropriate. 

Q) Notwithstanding the provisions of Sub 

paragraph (f)( 1 ) of thi s Rule, labeling is 
not required for containers which: 
(A-) — do not contain radioactive material in 
quantitie s greater than the applicable 
quantities listed in Rule .0 4 2 4 (a) of 
thi s Section: 
■(-&) — contain only natural uranium or thori 
inn in quantities no greater than ten 
times the applicable quantit es listed in 
Rule .0 4 2 4 (a) of this Section: 
■(€) — do not contain rad i oactive material in 
concentration s greater than the appli 
cable concentrations listed in Column 
2, Table I in Rule .0 4 23(a) of thi s 
Section; 
f&) — arc attended — by an — individual who 
take s — the — precautions — necessary — te 
prevent the exposure of any individual 
to radiation or radioactive material in 
excess of the lim i t s e s tabli s hed by the 
rules i n this Section; 
{£) — are in tran s port and are packaged and 
labeled in accordance with regulation s 
published — by — the — Department — ef 



Tran s portation; 
{¥) — accessible only to individuals autho 
rized to handle or use them or to 
work in the vicinity thereof, provided 
that the contents are identified to such 
individuals — by — a — readily — available 
written record, for example, contain 
crs in location s s uch as watcrfilled 
canal s , s torage vaults, or hot cell s ; 
tinu 
f&) — afe — manufacturing — and — processing 
equipment such as piping and tanks. 

£4) Each licen s ee shall, prior to disposal of 

an empty uncontaminated container to 

unrestricted areas, remove or deface the 

radioactive material label or otherwise 

clearly indicate that the container no 

longer contain s radioactive materials. 

tg-) — All radiation machines shall be labeled in a 

manner which caution s individuals that radiation is 

produced when the machine is being operated. 

Statutory Authority G.S. 104E-7; 104E-I2(a)(l). 

.0412 EXCEPTIONS FROM POSTING AND 
LABELING 

Notwithstanding the provi s ion s of Rule .0 4 1 I of 
this Section: 

fH A room or area is not required to be 

po s ted with a caution s ign becau s e of the 
presence of a sealed source, provided the 
radiation level 12 inches from the surface 
of the s ource container or hou s ing doc s 
not exceed five millirems per hour. 

f2-) Room s or other area s in ho s pital s arc not 

required to he posted with caution s igns 
and control of entrance or access thereto, 
pursuant to Rule .0 4 1 1(c) of thi s Section, 
becau se of the presence of pat i ent s eon 
taining radioactive material provided that 
there are personnel — in attendance — whe 
will take the precaution s — nece ss ary to 
prevent the expo s ure of any individual to 
radiation or radioactive material in exce ss 
of th e l imits established in the Rule s of 
thi s Section. 

{$) Caution — signs — are — net — required — te — be 

posted — m — area s — ef — rooms — containing 
radioactive material for periods of less 
than eight hour s prov i ded that: 

fa} T4he — material — is — con s tantly — attended 

during s uch periods by an individual 
who shall take the precautions neecs 
sftry — te — prevent the exposure — of an 
indiv i dual to radiation or radioactive 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1905 



PROPOSED RULES 



material in excess of the limits cstob 
li s hcd in this Seetion; and 



fen me — afea — ef — room — re — s ubject — to- 

licensee's or registrant's control. 



-the 



hh- 



A room or other area i s not required to 
he po s ted with a caution sign, and control 
i s not required for each entrance or ac 
ce ss point to a room or other area which 
is a high radiation ar e a s o l e l y h e eause of 
the — presence — ef- — radioactive — material 
prepared for tran s port and packaged and 
labeled in accordance with regulation s of 
the Department of Tran s portation. 



Statutory Authority G.S. 104E-7. 

.0413 INSTRUCTION OF PERSONNEL 

Instructions required for individuals working in 
or frequenting any portion of a restricted area are 
specified in Rule .1003 of this Chapter. 

Statutory Authority G.S. 104E-7. 

.0414 STORA.GE OF SOURCES OF 
RADIATION 

ftH — Sources of radiation s hall be s ecured again s t 
unauthorized removal from the place of storage. 

fh* — Source s of radiat i on i n an unrestricted area 
and not in s torage shall be tended under the con 
stant s urveillance and immediate control of the 
licen s ee or registrant. 

Statutory Authority G.S. 104E-7. 



.0415 PICKING UP: RECEIVING: AND 
OPENING PACKAGES 

feri — Each licensee or registrant who expects to 
receive a package containing quantities of radioac 
tive material in excess of the Type A quantities 
spec i fied in Rule .01 13 of thi s Chapter s hall: 



f++- 



4f-tht 



-pae 



ge is to be delivered to the 



f=H- 



aeKagc 

licensee's or regi s trant' s facility by the 
carrier, make arrangements to receive 
the — package — when — tt — is — offered — fef 
delivery by the carrier: or 
If the package i s to be picked up by the 



I icon s 



or registrant at the carrier's 
whr 



terminal, make arrangements to receive 
notification — from — the — carrier — of the 
arrival of the package, at the time of 
arr i val . 
ffeH — Each l i censee or registrant who picks up a 

package of radioactive material from a carrier's 

tormina 



f-shf 



pict 



th 



e package cxpeui 



thtt 



-Ay 
upon rece i pt of notification from the carrier of its 



arrival. 

fe-) — Each licensee or registrant, upon receipt of 
a package of radioactive material, s hall monitor 
the external surface s of the package for radioactive 
contamination caused by leakage of the rad i oactive 
content s , except that the following are not required 
to be monitored: 



I 



<+>- 



P)- 



package s containing le ss than one milli 
curie of beta or gamma emitting radio 
active material or ten microcurics of 
alpha emitting rad i oactive material: 
packages containing no more than ten 
millicuric s of radioactive material con 
sisting — solely — of tritium. — carbon 1 4 . 
sulfur 35. or iodine 125: 

radi 



f3-) packages — containing — only — radioactive 

mat e rial as gases or in s p e cial form: 

f4n package s — containing — e«f¥ — radioactive 

material in other than liquid form in 
eluding Mo 00/Tc 00m generators, and 
not exceeding the Type A quantity limit 
s pecified in Rule .01 13 of thi s Chapter: 
ttno 



tfH- 



llv rad i 



»&k 



T-fe 



packages containing only rad i onuclides 
with half lives of le ss than 30 day s and 
a total quantity of no more than — 1-00 
millicurics. 
mon i toring s hall be performed a s soon a s 
practicable after receipt, but no later than three 
hours after the package i s received at the licensee's 
facility if received during the licensee's normal 
working hour s , or within 18 hours after receipt if 
received after normal working hours. 

fd-» — If removable radioactive contamination in 
exce ss of 0.01 — mieroeurie or 22.200 disintegra 
tion s per minute per — 100 square centimeters of 
package s urface, is found on the external surfaces 
of the package, the — licen s ee — shall — i mmediately 
notify the final delivering carrier and. by telephone 
ftftd — by — telegraph. — mailgram — &f — facs i mile. — the 
ag e ncy. 
fe) — Each licen s ee or r e gi s trant, upon receipt of 



I 



ike 



f radioactive 



ft — package — containing — quannues 
material in excess of the Tvpe A quantities speci 
fied in Rule .01 13 of this Chapter, other than tho s e 
transported bv exclusive use vehicle, shall monitor 
the radiation levels external to the package. — The 
package s hall he monitored as soon as practicable 
after receipt, hut no later than three hours after the 
package — is received — at the li cen s ee' s — facility — if 



:tl th 



tg the 1 



loensoo s 



norma l — working 



hours, or within 18 hours after rece i pt if received 
after normal working hours. 



tttt4 



ff-» — If radiation levels are found on the extei 
s urface of the package in excess of 200 millirem 



# 



1906 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



♦ 



per hour, or at three feet from the external surface 
of the package in excess of ten millircm per hour, 
the licensee or registrant shall immediately notify, 
by telephone and by telegraph, mailgram or fac 
simile, the final delivering carrier and the agency. 
(g) Each licensee or registrant shall establi s h and 
maintain procedures for safely opening packages in 
which radioactive material i s received, and shall 
assure that the s e procedures arc followed and that 
due consideration i s given to special instruction s 
for the type of package being opened. 

Statutory Authority G.S. 104E-7. 

.0416 WASTE DISPOSAL 

{&) — No licen s ee shall dispose of any radioactive 
material except: 

{4^ by tran s fer to an authorized recipient as 

provided in Section .0300 of this Chap 

tcr, or 

as authorized pursuant to the provi s ion s 



m- 



of this Rule or Rule .0 4 07 of this Sec 
non . 



-fef 



I 



fb) — Any person may apply to the agency 
approval — of proposed procedures to dispose of 
radioactive material — in a manner not otherwise 

Each applicant shall 



♦ 



authorized in this Section, 
include: 

fH a description of the radioactive mated 

al, including the quantities and kinds of 
radioactive material and level s of radio 
activity — involved, — and — the — proposed 
manner and conditions of disposal; 

{3} where — appropriate, — an — analy s i s — and 

evaluation of pertinent information a s 

t©r 

■(-A-) — the nature of the environment, includ 
ing topographical, geological, meteo 
rological. and hydrological character 
istics; 
<-B) — usage of ground and s urface water s in 

the general area; 
(€} — the nature and location of other potcn 

tially affected facilities; and 
{&) — procedure s to be ob s erved to mini 
mizc the risk of unexpected or haz 
ardou s expo s ure s , 
(c) The agency will not approve any application 
for a license to receive radioactive material from 
other per s on s for dispo s al on land not owned by 
the state or the federal government. 

{dj He — licen s ee — shaH — di s charge — radioactive 

material into a s anitary s ewerage system unless: 

fH It i s readily s oluble or dispcr s ible in 

water; 



{2) The quantity of any radioactive material 

released into the system by the licen s ee 
in any one day does not exceed the 
larger of Subparagraphs (d)(2)(A) and 
(B) of this Rule: 
(A-) — the quantity which, if diluted by the 
average — daily — quantity — ef- — sewage 
released into the s ewer by the licens 
ee, will re s ult in an average concen 
tration — net — greater — than — the — limit s 
specified in Table I, Column 2 of 
Rule .0 4 23(a) of this Section; or 
{B) — ten time s the quantity of the radioac 
tive material specified in the table in 
Rule .0 4 2 4 (a) of this Section. 



m- 



-Tfr 



c quantity or any radioactive material 
released in any one month, if diluted by 
the average monthly quantity of water 
released by the licensee, will not result 
in an average concentration exceeding 
the limit s s pecified in Table 1, Column 
2 of Rule .0 4 23(a) of this Section. 

f4) The gro ss quantity of licen s ed and other 

radioactive material, e xcluding 

hydrogen 3 — and — carbon 1 4 , — relea s ed 
into the s anitary s ewerage s y s tem by 
the licensee docs not exceed on e curie 
per year. — The quantitie s of hydrogen 3 
and carbon 1 4 released to the s anitary 
sewerage system may not exceed five 
curies per year for hydrogen 3 and one 
curie per year for carbon 1 4 . 

{§) Excreta from — individuals undergoing 

medical diagno s i s or therapy with ra 
dioaetive — materials — ate — exempt — from 
any limitation s contained in thi s Rule. 
(e-) — No licensee shall dispose of radioactive 
material by burial in s oil except a s s pecifically 
approved by the agency pursuant to (b) of this 
toler 

ff) He — licensee — shall — incinerate — radioactive 

material for the purpo s e of disposal or preparation 
for dispo s al except as s pecifically approved by the 
agency pursuant to (b) of this Rule and Rule .0 4 07 
of this Section. — Rule .03 4 8 of this Chapter impos 
es additional requirements for radioactive wa s te 
processing facilitie s which include incineration. 

fg-) — The Commission or its designee shall eon 
duct a public hearing in any county in which a 
person propo s e s to operate a radioactive waste 
processing facility or a radioactive waste di s posal 
facility, as defined in Rule .010 4 of this Chapter, 
or to enlarge an existing facility for such process 
ing or disposal. Rule s governing this hearing shal l 
be tho s e found in 15A NCAC IB .0200. 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1907 



PROPOSED RULES 



fh-) — Any licensee may dispose of the following 
lieensed material without regard to its radioactivi 



t-v- 



<+) 0.05 mieroeurie or le ss of hydrogen 3, 

carbon 1 4 and iodine 125 per gram of 
medium. — used for liquid — scintillation 
counting: and 

@) &S&- 



4^ 



jf hvdr 



-3- 



microcune or less or nydrogen .>. 
carbon 1 4 or iodine 125 per gram of 
animal tissue averaged over the weight 
of the entire animal: provided however- 
such ti s sue mav not be disposed of in a 
manner that would permit its use either 
a s food for human s or as animal feed. 



fB — Nothing in (h) ot this 
licensee of responsibility for: 



f thi s Rule relieves the 



<-H- 



mnintaining — record s — showing the — re- 



eeipt. transfer and disposal of radioae 
tive material as required in Rule .0 4 17 



&- 



of this Section: and 

complying with other applicable feder 

al. s tate and local regulation s governing 

any other toxic or hazardou s property 

of the material s specified in (hi of this 

Rtrier 



Statutory Authority G.S. 104E-7(2), (5). 

.0417 RECORDS 

t*rt — Each licensee or registrant shall maintain 
records showing the radiation exposures of all 
individuals — for whom — personnel — monitoring — ts 
required under Rule .0 4 10 of this Section. — Such 
records — shall — be — kept — efl — appropriate — form( s ) 



r-daf 



ith the 



provided By tne agency in acco 
instructions contained in that form, or on clear and 
legible — record s — containing — eM — the — information 
required by the agency form. — The do s e s entered 
on the forms or record s s hall be for periods of 
time not exceeding one calendar quarter. 

fb-) — Each licen s ee or registrant s hall maintain 
record s in the same units used in thi s Section, 
showing the result s of s urvevs required bv Rule 
.0 4 00 — of this — Section. — monitoring — required — bv 
Rules .0 4 15(c) and (c) of this Section, and di s po s al 
made pursuant to the provision s of Rule .0 4 16(b) 
and (d) of this Section. 



+e-) — Record s of individual exposure to radiation 
and to radioactive material which must be main 
taincd pursuant to the provi s ion s of (a) of this Rule 
aftti — records — of bioassays. — including — re s ult s of 
whole body counting examinations, made pursuant 
to Rule .0 4 08 of thi s Section shall be pre s erved 
until the agency authorizes disposition. 

fd-) — Records of the results of survevs and moni 



&- 



toring which mu s t be maintained pursuant to (b) of 
this Rule shall be preserved for two year s after 
completion of the survey except that the following 
records — sh*H — be — maintained — tHttH — the — agencv 
authorizes their disposition: 

record s — of the — results — of survevs to 

determine compliance w4#) Rule 

.0 4 4 (a) of thi s Section: 

fS} in the absence of personnel monitoring 

data, records of the results of s urv e v s 
to determine external radiation dose: 

f3-> record s of the result s of surveys used to 

evaluate — the — release — »f- — radioactive 
effluents to the environment: 

{4) records of licensed radioactiv c material 

which i s di s posed of pursuant to provi 
sions of Rule .0 4 16(b) and (c) of this 
Section s hall be maintained until the 
agency authorizes their disposition. 
fe-) — Records of disposal of radioactive material 
made pur s uant to Rule .0 4 16 of this Section shall 
be maintained until the agency authorize s their 
disposition. 

fft — Records which must be maintained pursuant 
to this Section may be the original or a reproduced 
copy or microform if s uch reproduced copy or 
microform — i s duly authenticated — bv — authorized 
personnel and the microform is capable of produc 
ing a clear and legible copy after storage for the 
period s pecified by agency rule s . 

fg} — If there is a conflict between the agency 
rule s in this Section, license condition, or other 
written agency approval or authorization pertaining 
to the retention period for the same type of record, 
the retention period specified in the rules in this 
Section for such record s shall apply unless the 
agency, pur s uant to Rule .0106 of this Chapter. 
has granted a specific exemption from the record 
retention requirement s s pecified in the rules in this 
Section. 

fh4 — The discontinuance of or curtailment of 
activities, does not relieve the licensee or regis 
trant of respon s ibility for retaining all record s 
required by this Rule. — A licensee or registrant 
may. however, request the agencv to accept such 
record s . — The acceptance of the records bv the 
agency relieve s the licen s ee or registrant of subse 
quent re s pon s ibility only in respect to their preser 
vation as required by this Rule. 

Statutory Authority G.S. 104E-7(2i: 104E-12(a). 



.0418 REPORTS OF THEFT OR LOSS 

Each licensee or registrant shall report by tele 
phone and telegraph to the agencv the theft or lo ss 



1908 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



♦ 



of any source of radiation immediately after the 
occurrence — becomes — known — te — the — licensee — ef 
registrant. 

Statutory Authority G.S. 104E-7. 

.0419 NOTIFICATION OF INCIDENTS 

(a) Each licensee or registrant shall immediately 
notify the agency by telephone and telegraph of 
any incident involving any source of radiation 
po ss essed by him and which may have caused or 
threatens to cause: 



Statutory Authority G.S. 104E-7. 



m- 



&- 



m- 



* 



a dose to the whole body of any indi 
vidual of 25 rems or more; a dose to 
the — stefi — of the whole body of any 
individual of 150 reins or more; or a 
dose — te — this — feet; — ankles. — hand s . — ©f 
forearm s of any individual of 375 rems 
or more; 

the relea s e of radioactive material in 
concentrations which, if averaged over 
a period of 2 4 hour s . — would exceed 
5.000 times the limits specified for s uch 
material s in Table II in Rule .0 4 23(a) 
of this Section: 

a loss of one working week or more of 
the operation of any facilities affected; 

Of 



4' 



♦ 



f+) damage — te — property — m — exce ss — & 

$200,000. 
(b} — Each licensee or regi s trant s hall within 2 4 
hour s notify the agency by telephone and telegraph 
of any incident involving any source of radiation 
possessed by him and which may have caused or 
threatens to cause: 

(-H a do s e to the whole body of an individ 

ual of five rems or more; a dose to the 
skin of the whole body of any individu 
al of 30 rems or more; or a dose to the 
feet, ankles, hand s , or forearm s of 75 
rem s or more; 

f2-} the release of radioactive material in 

concentrations which, if averaged over 
a period of 2 4 hours, would exceed 500 
times the limits s pecified for such mate 
rial s in Table II in Rule .0 4 23(a) of thi s 
Section: 

0} a loss of one day or more of the opera 

tion of any facilitie s affected; or 

{4j damage to property in excess of $2000. 

(c) Any report filed with the agency pursuant to 
this Rule shall be prepared in such a manner that 
names of individual s who have received exce s sive 
do s e s will be s tated in a separate part of the report. 



.0420 



frj- 



OVEREXPOSURES AND EXCESSIVE 
LEVELS AND CONCENTRATIONS 

In addition to any notification required by 



{ft) — In addition to any notification rcquir 
Rule .0 4 19 of this Section, each licensee or regis 
trant s hall make a report in writing within 30 day s 
to the agency of: 

<+) each exposure of an individual to radia 

tion or concentration s of radioactive 
material — in exces s of any applicable 
limit a s s et forth in this Section or as 
otherwise approved by the agency; 

(3) any incident for which notification is 

required by Rule .0 4 19 of this Section; 

(3-) level s of radiation or concentrations of 

radioactive material in an unrestricted 
area in excess often times any applica 
ble limit a s s et forth in this Section or 
as otherwise approved by the agency, 
but not involving excessive exposure of 
any individual. 
fb) — Each report required under this Rule shall 
d es cribe the extent of exposure of individuals to 
radiation — or to — radioactive — material. — including 
estimate s of each individual's dose as required by 
Subparagraph (a)(1) of this Rule; levels of radia 
tion and concentration s of radioactive — material 
involved; the cau s e of exposure, level s of eoncen 
trations. and corrective steps taken or planned to 
a ss ure again s t a recurrence. 

(c) Any report filed with the agency pur s uant to 
this Rule shall include, for each individual ex 
posed, the name, social s ecurity number, and date 
of birth; and an estimate of the individual' s do s e. 
The report s hall be prepared so that this inform a 
tion is stated in a s eparate part of the report. 

Statutory Authority G.S. 104E-7. 

.0421 VACATLNG PREMISES 

No less than 30 days before vacating or rclin 
quishing pos s e ss ion or control of premises which 
may — have — been — contaminated — with — radioactive 
material a s a re s ult of his activitie s , each specific 
licensee shall notify the agency in writing of intent 
to vacate. — When deemed necessary by the agency, 
the licen s ee shall decontaminate the premises in 
s uch a manner a s the agency may specify. 

Statutory Authority G.S. 104E-7. 

.0422 NOTIFICATION AND REPORTS TO 
INDIVIDUALS 

fa-) — Requirements for notification and reports to 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1909 



PROPOSED RULES 



individuals of expo s ure to radiation or radioactive 
material are specified in Rule .100 4 of this Chap 

tefr 

fk) — When a licen s ee or regi s trant i s required 
pur s uant to Rule .0 4 20 of this Section to report to 
the agency any expo s ure of an individual to radia 
tion or radioactive material, the licensee or regis 
trant shall also notify the individual. — Such notice 
shall be tran s mitted at a time not later than the 
tran s mittal to the agency, and shall comply with 
the provisions of Rule .100 4 (a) of this Chapter. 



% 



Statutory Authority G.S. 104E-7; 104E- 12(b). 



.0423 REFERENCE CONCENTRATIONS IN AIR AND WATER 

(a) The following table consist s of reference concentrations of radioactive material above natural background 
in air and water for use in conjunction with the Rule s of this Chapter. 

fh CONCENTRATIONS IN AIR AND WATER ABOVE NATURAL BACKGROUND 



Tatek 



Tabic II 



Element 



Column 



Column — 2- 



Column 1 



Column2 



(atomic 
number) 



Isotope 



-A» 

(uCi'inl) 



AV 



atef 

(uCi/ml) 



-twe- 



(uCi/ml) 



Water 



(uCi'ml) 



I 



Actinium (89) 



Americium (95) 



Antimony (51 



Argon (18) 



Arsenic (33) 



Ac 227 



Ae 228 



Am 2 4 1 



Am 2 4 2m 



Am 2 4 2 



Am 2 4 ? 



Am 2 44 



Sb 122 



Sb 12 4 



Sb 125 



Ar y, 



atfr-73- 



A s 7 4 



1- 



-S«k- 



-2*W— 



^rW- 



-8*W^ 



-2*iQ±- 



-6*W: 



-^+9: 



-6*+9i 



-4^0: 



-4*M— 



S^Q— 



-4*±Q- 



+x-W: 



-4*W- 



^eW: 



^-W: 



heW- 



-3*4-0: 



-2*iQ— 



-5*443: 



^*+Q:l 



-Stit? &<M— 



-3*444: 



^+o: 



-4*M- 



^*444: 



-6*+9± 
-9*40:1 

-3*40:1 
_8*40:1 



_4*40:1 
-3*±0± 
— t x 1 0" ^ 

j .v i a •' 

-4*40±- 
-8*40:1 
_4*40_ 
-4*40_ 



_8*40:l 

g y 1 ( V 4 
— O A I V7 



JhtlQ± 

.7*40:1 
-3*40± 



-^r 



.4*40:^ 
.4*401 



-3*40:^ 



_8*40-l 
_9*40l_ 
_3*40:?- 
_6*40:!1 
-3*40l- 
,i v m :: 

—*T.\ 1 \J 

-3*40:11 

Qv 1 0"'- 

_4*40^ 
-3*40:^ 
-3*401- 

J.V 1 Q - 
— *T A I \J 

-4*40:^ 

1 V in " 

-5*40:^ 
-5*40:^ 
_7*40:!1 
-3*40:H 

Qy 1 QlO 

— V ,\ 1 VJ 

-4*40:i_ 



-4^¥d— 



_7*W^ 
-4*40:1 
_+*40:L 



-3*40-° 
-3*40:: 

Or 1 (Y S 

Qy I (V s 

1 y I f l "" 

-3*40- 

_1 V 1 (Y ^ 
— ^A 1 V — 

-9*40- 

-4*40:: 
— 1.\ i \j — 
-3*40:1 



-5*40:1 



-5*40- 



-3*40- 



-3*40- 



-3*40.1 



-3*40- 
-4*40:: 
-4*40 



-5*40:: 
.5*40:: 



♦ 



i970 



7:iS 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



♦ 



Astatine (85) 



Barium (56) 



Bcrkelium (97) 



Beryllium ( 4 ) 



Bismuth (83) 



Bromine (35) 



* 



Cadmium ( 4 8) 



Calcium (20) 



Californium (98) 



Carbon (6) 



♦ 



Cerium (5 8 ) 



As 76 



As 77 



At 2 1 1 



Ba 131 



Ba 1 4 



Bk 2 4 9 



Blc 250 



43e^7- 



Bi 206 



Bi 207 



B i 210 



43h34 



~i 1 1 



Br 82 



Cd 109 



Cd 115m 



Cd 115 



Ca 4 5 



Ca 4 7 



Cf 2 4 9 



Cf 250 



Cf 251 



Cf 252 



Cf 253 



Cf 25 4 



C 1 4 



[CO (2)] 
Ce 1 4 1 



Ce 1 4 3 



4- 
-S- 



4- 
-S- 



4- 



4- 
-s- 



4- 
-s- 



-s- 



4- 



4- 
-s- 



-Sttte- 



-4* 

-4* 



-4* 

■3* 



4* 



-Mr 

4* 



-4* 
-9* 



4* 



-6* 



-4* 



-6* 



4* 



4* 
4* 



-5* 



^* 
-4* 



-s9t 

^* 
4* 



^i* 



-4* 
-4* 



4* 



4* 

3* 
4* 



-8* 



-8* 



-=►* 
-5* 



^4* 
-5* 



-4* 



^* 
-3* 



-9- 



-92_ 



■02 



o2_ 

02_ 



■ttL 



-02_ 

02_ 

o2_ 



02_ 



o± 



oil 
oi_ 

4X1 



-9± 
02_ 
■0± 

■e± 

02- 

02_ 



•9± 
0± 
«L 

02_ 
0± 



02 



Oil 



02- 



02_ 



0-1 



-9:1 



-91 



-9- 



-9- 



-9_ 



10 



10 



-0- 

-9. 

3l 

-9 

-9- 

-9: 

-921 

-922 

GIL 

-9:1 

■Q± 

4)22 

4322 

+321 

4± 



-92_ 



02_ 
-92_ 



-91 



02 



-6*40 



-6*402_ 
-3*402_ 
-3*492_ 



-5*49. 



2a 



-5*49. 



_5* 



_&*40 



Jkt 



&2 



-6*49: 



4* 



4* 



4* 



-8* 



-5*40. 



-4* 



Jht 



Jkt 



4*10: 



-3*40. 



-5*40 



-7*49. 



-8*40. 

-7* 



-7*49. 



-91 



-9:1 



+3- 



-9:1 



-92_ 



-92_ 
-9:1 



-9i_ 
-92_ 



02_ 
-92_ 



-9- 



02_ 
-92_ 



-91. 



-9- 



0- 



9_ 



9_ 



0± 



.4*491- 
4*40± 



AvIfV 4 

_7*49l 



4L 



-91 



A v 1 Q -3 

A v 1 Q-3 

— 1.\ 1 O 



A v 1 Q-l 

— 1.\ I U— 
Jy 1 ' 

-2*491 



_3*492_ 
-3*40± 
_4*402_ 
-4*49-1 



J . V 1 (V 

— "TA I \J— 

A y 1 Q -* 

— TA1 V/— 

■1 y 1 (V 
— *TA I v*— 

_3*40l ; 
-4*49^ 
-3*40- 
-4*49- 

Aju 1 A 

— *TA 1 V?- 

-4*49: 

jlv 1 n 

— *TA I \J- 

-4*49: 



-4*49i 
, 1y i n ' 

— 1\ 1 U— 

-5*49- 

fly IQ - 

-3*491 

Jv i n -' 

-6*49- 
-5*49- 



-6*49- 



-5*49i 
-3*49- 
-3*49i 
-3*40- 
-7*49- 

J v lQ - : 
— TA 1 \J— 

^■v i n -' 

— VJA I V— 

-3*49- 
-4*49- 
-4*49- 



-4*49- 

-8*49- 

-6*49- 

-4*49- 
j. v i n ' 

-t.\ 1 v>— 

-6*49- 
-6*49- 
-5*491 
-**49i 
-3*491 
-4*491 
-6*491 
-4*49i 
_?*49i 

A y 1 Q - 

-t.\ 1 U— 

-3*491 
_4*49l 
-3*49- 
-3*491 
_4*49i 
^-*49^ 



-3*49- 
-5*49- 



_9*49- 
-7*49- 



-5*49- 
-3*49- 
-3*49-^ 
-8*49- 
-8*49- 
-3*49L h 
-7*49- 
-3*49- 
_3*49ii 
_4*49i 
-3*49^ 

-6*49ii 
-3*49ii 
-3*49ii 
-3*49- 
-3*492 

i1 v in - s 
— t.\ i o — 

ji y i n --' 

— t ,\ 1 Vy — 

-6*492 
-6*492 

Jv 1 Q - s 
— *T A I \t — 

•1 v 1 Q -3 
— "ta i \j — 

_1v 1 Q -4 

— "TA 1 V.' — 

A y 1 Q-4 

— *Ta 1 V7 — 

-3*492 

— TAIU — 

-3*492 
-3*492 
-3*492 
-3*492 
-3*492 

1 v I Q -3 

~tA 1 O — 

Oy I n h 
— 7\ 1 U — 

-3*492 
-5*492 
-3*492 

A y 1 Q -fi 

— TA IU — 

-3*492 
-4*492 
-3*492 

jv I Q -" 
— tAlU — 

-3*492 
-3*492 
-3*492 
-4*492 
_4*492 
-4*492 
-4*492 
_S*492 



Qv I IV s 

— V.\ 1 O — 
_ly 1 Q -5 

1 y I Q s 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1911 



PROPOSED RULES 



Ce 1 44 



Cesium (55) 



Chlorine (17) 



Chromium (2 4 ) 



Cobalt (27) 



Copper (29) 



Curium (06) 



Dysprosium (66) 



Einsteinium (90) 



C s 131 



Cs 13 4 m 



Co 13 4 



Cs 135 



C s 136 



C s 137 



CI 36 



CI 3 8 



Cr 51 



Co 57 



Co 5 8 m 



Co 58 



Co 60 



Cu 6 4 



Cm 2 4 2 



Cm 2 4 3 



Cm 244 



Cm 2 4 5 



Cm 246 



Cm 2 4 7 



Cm 2 4 8 



Cm 2 4 9 



Dy 165 



Dy 166 



Es 253 



E a 25 4 r 



4- 
-s- 



-s- 



4- 
-&- 



4- 
-s- 



1- 
-s- 



4- 
-s- 



Es 25 4 



4- 
-S- 



-6* 



-He 

^* 



St 
-6* 



-S* 



-9* 



-4* 



Sit 
-6* 



St 



Sit 
-3* 



St 



-rV* 

_3 



-ai* 



^i* 
-9* 



-a* 
■4* 



^** 

-9* 



St 



-St 
-6* 



-He 

-9* 



-He 
-5* 



-He 

-4* 



-He 

4* 



-He 
-6* 



^i* 



-»* 

-6* 



^** 
-6* 



-zse 



OH 



q± 

Q± 

0:1 

ei_ 



0-1 



0:1 
0:1 



Q— 



0± 

Q± 
OH 
Q± 

Q± 

OH 
Q— 



Q± 



OH 
0:1 



0l_ 

on 

Oil 
Oil 

on 

Oil 

Oil 
OIL 
011 

0^ 

on 

011 
Oil 



Oil 



Q± 
0± 
0H 

OH 



0:1 
Q± 
Q± 
Oil 
Q± 
0:1 
OIL 



_3*40i 
-3*401 
_7*40i 
_3*40i 
-2*40- 
_3*40i 
-3*40i 
-4*40i 
-3*40i 
_7*40i 
-3*401 
-2*4441 

— *t .\ i \t— 

-4*401 
-2*401 
-2*401 
-4*401 
-4*401 
-5*401 
-5*401 
-2*40i 
-4*401 
-8*401 
-6*401 

Av I Q - 

-3*401 

-4*401 

-4*401 

-4*401 

-6*401 

-7*401 

-7*401 

-4*401 

-7*401 

-2*401 

-8*401 

-4*401 

-8*401 

-4*401 

-8*401 

-4*401 

-6*401 

-4-*40l 
Av i n-' 

-*ta i yj— 

-6*401 

/^y 1 O - 
—VTA 1 w— 

-4*401 
-4*401 
-4*401 
-4*40- 
-7*401 
-7*401 
-5*401 
-5*401 

1y I Q - 



-3*401 
-2*40 



■10 



,i t in 7 

-TA 1 *J 

-4*40:1 
-4*40:1 

-2*40:1 



-4*40H 



Av IQ' 10 

_2*40H 
_3*40l_ 
-4*40:1- 
-6*40:1- 
-2*40H- 
_5*40ill 
-4*40:1. 
_8*40ll 
_9*40H 
-7*40:1- 

fly |Q - 7 

_8*40H 
_4*40l_ 



_6*40H 

-6*40:1 

-3*40:1 

_3*40H 

-2*40-1 

-4*40:1 

-3*4011 

_7*40H 
,1 v i n " 



Ay i n l2 



_6*4011 
-2*4011 
_3*40ll 
_3*40ll 
_3*4011 
-2*4011 

— tA 1 \J 

-2*4011 

J . Y 1 ( 1 - 

-2*4011 

Jv IQ-l- 
— *TA1U 

-2*4011 

A y I Q - 1 3 

— TA1U 

A y IQ ? 

j v i n -" 

— tAlU 

Qv 1 Q-8 

— ~,\ I TJ 

_7*40H 

— O A 1 D 

_7*40H 

-3*4011 

-2*40. 

_2*40. 

-2*40. 



-4*401 

-4*401 

-2*401 

Ov I n 4 

-6*401 
-4*401 

Qv 1 Q-6 
il y I Q-5 

— tAlU — 

-4*401 
-2*401 

— ^AIU — 

_6*40l 
_2*40l 

A m | (1 " 

Q v m " 

— UAIU — 

-6*401 
,1 y i n ~ 4 
/i v m 4 

— *T .A 1 \J — 

-2*401 



-2*401 

-5*401 
,1 y i n 4 

— TA ! yj — 

-3*401 

-2*401 

-4*401 

Ov m " 

-5*401 
-3*401 
-3*401 
-2*401 
-2*401 
-3*401 
-5*401 
-2*401 
-7*401 
-3*401 

A y I f) b 

-*TA I \J — 



-3*401 

jy 1 Q-fi 

-3*401 



J .v 1 (1 " 
— tMU — 

-2*401 

J .v 1(1 " 

-4*401 
-2*401 
_2*40l 



/iv i n 4 

A m 1( 1 4 



-6*401 



1 v 1 (I s 

ly |(V ' 

-2*401 
-2*401 
_2*40l 
-2*401 
-4*401 



1912 



7:18 



NORTH CAROLINA REGISTER 



December 15. 1992 



PROPOSED RULES 



Erbium (68) 



Europium (63) 



Fermium (100) 



Flourine (9) 



Gadolinium (6 4 ) 



Gallium (31) 



Germanium (32) 



Gold (79) 



Hafnium (72) 



a 



olmium 



4^74- 



Hydrogon ( 1 ) 



Indium ( 4 9) 
Indium ( 4 9) 



Iodine (53) 



Es 255 



4- 
-S- 



Er 169 



-S- 



Er 171 



Eu 152 



(T/2~9.2hrs) I 
Eu 152 S- 



(T/2 = 13 yrs) — h 
Eu 15 4 S- 



^55- 



Fm 25 4 



Fm 255 



Fm 256 



-F-+8- 



Gd 153 



Gd 159 



Ga 72 



Ge 71 



Au 196 



Au 19 8 



Au 199 



Hf 181 



Ho 166 



4t4- 



In 113m 
In 113m 



h 



Hfl- 



In 115m 



In 115 



I 125 



h 



4- 



i- 
-S- 



i- 
-S- 



h- 



4- 
-s- 



4- 
-s- 



4-456- 



i- 
-S- 



4* 



^5* 



-4* 



-6* 



-4* 



-Hi 

-6* 



-4* 



-3* 



-4* 



-Hi 

-9* 



^* 
-6* 



-5* 



-4* 
-3* 



^i* 



^* 
-3* 
-9* 



-4* 



-4* 



^* 



-6* 



-Hfr 
-6* 



-3* 



4* 



-7* 



-=* 



-5* 



4* 



^ix 



^* 

-5* 



-8* 



-9:1- 
4311 
43lL 



■ei. 



-o± 

■ftL 
43:1 

-o± 



43:1 



43:1 

43i_ 



■Q± 



■Q± 



■0± 



43:1 



43:1 

■e± 

43:1 

43:1 
43:1 
431- 






43:1 
43:1 
«L 
43:1 



-9:1 



4)^ 



43- 



4)1 



4)_ 



43:! 



■e± 



43H 
43H 
43:1 

-e± 



_8*49l- 
_8*443l_ 
_3*49l_ 
-3*49:1 
_3*49l- 
_3*49± 
-2*49:1 
-2*49:1 
-2*49:1 



-2*49:1 
-6*443:1 



_6*49l_ 
-6*443:1 
_6*49l_ 

/tv I Q-3 

— t.\lu — 

1y IP ' 

_4*49i_ 

_4*49l- 



-5 



-3*49. 

_3*49l- 

-2*49:1 

_4*49l_ 

_6*49l_ 

_6*49l_ 

-2*49:1 

-3*44}±. 

_4*49l- 

_4*443l_ 

_5*49l- 

-5*443:1 



_5*49i 



1 Y 1 Q "' 

-2*49:1 



_4*49l_ 
-5*49:1 

, 1 v LQ -3 

-2*49:1 
-2*443:1 
_9*49:1 

Qv 1 Q - 

-4*443l- 
_4*49_ 



_iv i n : 

J. v I Q -- 

J t I Q -2 
— 1\ 1 *J 

-5*443:1 
-5*49:1 
_4*443l_ 
-4*49:1 
-3*49:1 
_3*443l- 

J t I Q-5 

— 1.\ IU 

_6*49l- 
_5*443:1 



fly 1 Q - 

-2*491 
-4*491 
-2*49:: 
_4*49J 
-2*49:: 
-2*49i' 
-4*49^ 
-4*49- 

A v in- 

-6*491 
_4*443l 
_2*49l 
-3*49- 
_3*443_ 
-2*49- 



-2*49- 
-6*491 



a y l n ~ 

— TAl (J— 

-4*443- 
t, v i n - 

— U.\ 1 V— 

-2*4431 

Qv I Q -! 

— 7 \ 1 V7— 

-8*49- 



-3*49- 
-2*49:: 
-4*49^ 
-8*49- 

Ay 1 Q' 
— \J\ I \J— 

A y 1 Q -" 

-2*49i 
j. v in - ' 

-2*49^ 
-4*443:: 



p v in ' 

— aAl \J— 
■ 1 v | f| " ! 

-3*443^ 
-4*49- 
-3*443^ 
— t \ i \j— 
-6*49- 
-2*491 
-2*49i 
-3*491 
-3*4431 
-2*491 

1 v I Q ' 

-7*491 
-8*491 



-6*443^ 

Qv | -' 
— v .\ i \j— 

-4*49- 

_S*49i 

-6*443- 

o v | n 



-4*491 
-3*491 
-3*443^ 
-9*491 
-9*443- 
-4*491 
-4*491 
-6*491 
-6*443^ 

g y | Q -5 

— UA1U — 

-8*491 
-2*491 
-2*491 
-2*4431 
-2*491 
-4*49i! 
-4*4431 
-3*4431 
-3*491 
-9*491 
-9*4431 
_8*49l 
-5*491 
-2*4431 
-2*491 
-8*491 
-8*491 

_lv 1 Q- s 
— "TA 1 \J — 

A y 1 Q-5 

— *T A1U — 

_2*443l 
-2*491 
-2*491 
-4*4431 
-5*491 
-5*491 
-2*491 
_2*491 
-7*491 
-7*491 
_3*443l 
-3*491 
-3*4431 
_3*49l 
-4*491 
-4*4431 
-4*491 
-2*4431 
-2*491 

J. v I IV- 

lv 1 ( V 4 
Qy | Q S 
Oy 1 Q -S 

-2*491 
-2*491 
-3*491 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1913 



PROPOSED RULES 



4fe 



Iridium (77) 



Iron (26) 



krypton (36) 



Lanthanum (57) 



Lead (82) 



Lutotium (71) 



Manganese (25) 



Mereurv (80) 



Molybdenum ( 4 2) 



Noodvmium (60) 



L439- 



W33- 



W33" 



4^4- 



H» 



Ir 100 



Ir 192 



Ir 10 4 



Fe 55 



Fc 59 



Kr 85m 
Kr 8 5 



Kr 8 7 



Kr 8 8 



La 1 4 



Pb 203 



Pb 210 



Pb 212 



Lu 177 



Mn 52 



Mn 5 4 



Mn 56 



Hg 197r 



Hg 197 



Hg 203 



Mo 99 



Nd 1 44 



Nd 1 4 ' 



-S«b- 



-Sa&- 



-Sttfe- 



-Sufe- 



^*- 



-rtt 

-9* 



-9* 



4* 



fe 



-Ht 
-4* 



-4* 

-4* 



-^* 



^* 



-9* 



-+*• 

4*- 



4* 



4* 



4* 



^£* 



-6x 



-** 



4* 



-4* 



-&* 
4* 



-Hi 

-fe 

4* 



— * 
4* 



-3* 



-+*- 

4fe 



9_ 

9:^ 
9H 
9:_ 

e± 

9:1 



9__ 

Q— 

9^ 

9— 

«i 

G± 

Q— 
9__ 
Q± 
9_ 
Q± 
Q— 
Q± 
Q— 



Q± 
9:1 

e± 

Q± 

Q— 
Q±- 
Q±- 

9:1 

Q— 
Q— 



G— 
9_ 
9_ 
9_ 
&— 
9_ 
Q— 
Q± 
Q— 
9_ 
Q± 
Q± 
Q± 
Q— 
9:1 

9± 

9_ 
9_ 
9_ 
9:1 



.3*49^ 

4*49± 
-6*49:1 
_6*49± 
-3*49:1 
-3*49:1 
-fe49± 
-3*49:1 
-4*49± 

|v I Q -3 

— ^A 1 <J 

-3*49:1 

_fefQ^ 

-3*ie± 

-6*49± 
_fe49i- 
_+*49:l 
-4*49:1 
_fe49_ 



_9*49:^ 
-3*49± 
-7*49l 
_3*49l 
-3*49l 



^40^ 



-fe+e^ 

.4*49:1 
-4*49:1 

1 v 1 Q -fi 

— "T .\ 1 \J 

-5*49:1 
-6*49:1 
_fe40:^ 
-3*49:1 
-3*49:1 
-4*49:1 
.9*49:1 

1 v 1 Q ' ; 

-3*49:1 

_lv 1 Q - : 

_fe+9— 
-6*49:1 
-5*49-1 

.9*49:1 

-4*49:1 
-fe49^ 
-3*49:1 
-5*49:1 

-4*49:1 
-3*49:1 

-3*49:1 
-3*49-1 
-3*49:1 



4*49± 

-3*49:11 
-3*49:1 



1*49- 
t*49: 



.3*49:1 
.3*49:= 

1 v 1 Q -10 

.3*49:1 
-6*49:1 
-4*49:1 
-4*49:1 
-4*49:1 
i v in -' 

-4*49:1 
- tx 10 "° 

fly I Q 

-8*49:1 
-5*49:1 
-3*49:1 
-3*49:1 
-5*49:1 
-3*49:1 
4*49:_ 



4*49: 



i*49: 



-3*49: 



-5*49:1 

_i v 1 ry - 

-9*49:1 
-6*49:1 

jy 1 Q - - 

_fe49il 
-6*49:1 
_3*49_ 
-3*49-1 
-3*49:1 
_3*49l- 
-5*49:1 
.4*49:1 



.4*49:1 
-3*49:1 
-3*49^ 
_fe49±- 
_fe49^ 

1 v 1 Q - ■ 

— T \ 1 U 

_9*49^ 
-3*49^ 

1 Y I Q " 9 

_fe+9-^ 
_7*49^_ 



_fe49-l 
_+*49_ 
_+*49^ 
_8*49^ 



-9*49:1 
-6*49^ 
-3*49r 
-3*49- 

^-y I D '^ 
— VJ A 1 \J — 

_fe49i 
-3*49~ 
-4*49:1 

1 v 1 Q - s 

-3*49^ 
-6*49r 

_lv 1 Q -6 

-■f,\ i \J — 

-7*49^ 
-3*49- 



-3*49: 

Iv I Q 

i v i n 

— "^ \ 1U- 

-3*49- 

-3*49^ 

-fe49: 

-3*49- 

-6*49- 

-5*40: 



_3*40i 

-3*49_ 5 

_i v i n - 

1 v i n - 

— T.\ 1 \J — 

_4*49^ 

-3*49~ 

-3*49- 

-3*49^ 

-4*49z 

-4*49- 

_3*49i 

-3*49: 

-4*49:: 

-4*49. 



-4*49- 
-4*49- 
-3*49= 
-3*49- 
_3*49r 
-fe49~ 
-3*49- 
-4*49:: 
_3*49± 

l v I Q ' j 

-t\ lu — 

-3*49:1 
_fe49i 
-6*49:1 
-6*49- 



1914 



7:18 



XORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



♦ 



Neptunium (93) 



Nickel (28) 



Niobium 

(Columbium) ( 4 1) 



Osmium (76) 



I 



Palladium ( 4 6) 



Phosphorus (15) 



Platinum (78) 



Plutonium (9 4 ) 



♦ 



Nd 1 4 9 



Np 237 



Np 239 



Ni 59 



Ni 63 



Ni 65 



Nb 93m 



Nb 95 



Nb 97 



Os 185 



O s 191m 



O s 191 



O s 193 



Pd 103 



Pd 109 



4^42- 



Pt 191 



Pt 193 m 



Pt 197m 



Pt 197 



Pu 238 



Pu 239 



Pu 2 4 



Pu 2 4 1 



Pu 2 4 2 



Pu 2 4 3 



Pu 2 44 



W_ 



-4*49- 



4*49- 



-8*49- 



-7*49i 



-5*49:1 
-8*49:1 



-6*491 



4*49:1 



-9*49:1 



45*443:1 
4*49:1 
42*49:1 



4>*49l 



t*49l 



-6*491 



-5*491 



-5*49:1 



-5*491 



-2*49:1 



-9*49H 



h49^ 



-4*49i 



-4*49i 



4*49- 



1*491 



4^*49:1 



-6*49- 



-4*49:1 



4*49:1 



-8*49i 



-8*49:_ 



-6*49i 



4*49:1 



-5*49H 



-6*491 



4*491 



-8*49:1 



-6*49- 



4*4911 



4*491 



4*49- 



-4*491 



-5*49: 



-4*491 



-9*4911 



-4*49: 



^*49_ 



4*491 



42*49:1 



^*49i 



4*49i 



_8*49_ 

-8*49±. 

_9*40l_ 

Ov i n ~ 4 

— -J A 1 VJ 

-4 x10 ; 

J v 1 Q ' 
— Ttt 1 VJ 

-6*49-1 



_6*49i_ 
-8*491- 
-2*49:1 

/| v I Q -3 
-tA 1 VJ 

-3*49± 
-4*49:1 

4*49:1 



4*49:1 
-3*49:1 
4*49:1 
-3*49:1 
-2*49± 
-2*49:1 
.7*49:1 
.7*49:1 
_5*49-l 



-5*49± 
-2*49± 
-2*49:1 

4*49:1 

y v- I (V ' 

— O ?\ 1 VJ 

-3*49:1 
-2*49± 
-5*49:1 
_7*49iL 



jjv I Q-3 

-tA 1 VJ 

-3*49:1 



_3*49± 
.3*49:1 
-3*49:1 
-3*49:1 

— T A 1 VJ 

-3*49:1 



4*49:1 
o. v in 4 

-DA 1 VJ 



4*49:1 

-8*49:1 

4*491- 

.8*491- 

-7*49:1 

_ 4x 10 " 2 

4*49:1 

-9*49:1 

4*40:1 

-4*49:1 



Polonium (8 4 ) 



Po 210 



4>*49- 



4*49:1 
4*49:1 
-2*49± 



£.y 1 Q-* 
-UA tXJ— 

-5*49:' 
-4*491 

/|, r l Q - 

— "TA 1 VJ— 

-3*491 
-2*491 
-2*491 
-3*491 
-2*491 
-4*491 
-3*491 
-2*491 

A y 1 o L 
— "T A 1 VJ— 

-5*491 
-2*491 
-3*491 
-2*491 
-2*49i 
-2*491 
-2*491 
-6*491 
-3*49i 

A y 1 Q -' 

4*491 
-4*491 

— ' A 1 VJ— 

-5*491 
-3*491 
-2*49: 
4*49: 
-2*49- 
-3*49- 
-3*49: 
-2*49: 
-2*49: 
-2*49: 
-2*49: 
-2*49: 
-3*49: 
-2*491 
-7*49- 
-4*49: 
-6*49: 
-4*49- 
-6*49: 
-4*49: 
-3*49- 
-4*49- 
-6*49: 
-4*49: 
a v m ' 

— VJ A 1 VJ— 

-8*49- 



-6*49- 
-4*49: 
-2*49- 



-3*491 
-3*491 
-3*491 
-3*491 
-4*491 
-4*491 
-2*491 
-2*491 
-3*491 
-7*4431 
-4*491 
-4*491 

A y 1 Q ' 4 

Jv IQ 4 

— ™f A 1 VJ — 

-4*491 
-4*491 

Oy I Q 4 

— /A 1 VJ — 

_ 9x 1 1 
-7*491 
-7*491 
-3*491 
-2*491 
-2*491 
-2*491 
-6*491 
-5*491 
-3*491 
-3*491 
_9*49l 
-7*491 
-2*491 
-2*491 
_4*491 
-4*491 
-4*491 
_4*49l 
-4*491 

Qy I Q 4 

— 7A1U — 

-4*491 
-4*491 
-5*491 
-3*491 
-5*491 
_3*49l 
-5*491 
-3*491 
-2*491 
-4*491 
-5*491 
-3*491 
-3*491 
-3*491 

Jv 1 Q-6 

— *TrvTt7 — 

-4*491 
-7*491 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1915 



PROPOSED RULES 



Potassium (10) 



-&-4S- 



Pra s eodymium (59) Pr 1 4 2 



Promethium (61 ) 



Protoact i nium (91 ) 



Rad i um (88) 



Radon (86) 



Rhenium (75) 



Rhodium ( 4 5) 



Rubidium (37) 



Ruthenium ( 44 ) 



.Samarium (62) 



Pr 1 4 3 



Pm 1 4 7 



Pm 1 4 9 



Pa 230 



Pa 23 1 



Pa 233 



Ra 223 



Ra 22 4 



Ra 226 



Rtt 



OOX- 



Rn 220 



Rn 222 



R e 183 



Re 186 



1#7- 



Re 188 



Rh 103m 



Rh 105 



Rb 8 6 



Rb 87 



Ru 97 



Ru 103 



Ru 105 



Ru 106 



W^ 



i- 



-zHt 






-S- 



i- 
-S- 



4^ 



^k 



^K 



-6* 



^k 



^iK 



-6* 



-ft* 



^k 



-sk 

^?k 



-4* 



4* 



4k 



4k 



-6k 



■9k 



-S* 



-4* 



^±k 
-8* 
-6* 



-8k 



4>K 



-r*K 

^7k 



-=*K 
■3* 



-^K 

-8k 



^K 
4>K 



>4 



-6k 



-Ak 

^K 



Sm 151 



-6k 



e^ 

0:1 
0:1 
0:1 
Q— 

e_ 

Q— 
0— 



0^ 



0^ 

en 
e_ 
ei. 
o±- 

Q— 
Q-Jl 
0: 

e 

u 
a 
a 



0^ 
01 
Q± 
01 
0^ 
01 
0:1 
0:1 

el 
e± 
el 



e_ 

0:1 



Q— 

e_ 

Q± 

g± 



el 
e± 
el 
el 



q± 

e^ 
ei 
ei 
e± 



_8K4ei 
_9K4ei 
-6K+ei 
_9K4ei_ 

Q v 1 Q -4 

— ~ A r v — 

_4K4ei 

_4kW1 

_6K+ei 
_6*4ei 

_+*+ei 
_7K4ei 
_?k+oi 
_4*4ei 

_8k+01 

1 y 1 Q -3 

-^etei 

_3*40l 

_4-K4er_ 

_7k-W1 

_3K+ei 

J v IA -7 

— "TA I W 

Qv IA -4 

_8K4ei 

_?K+e^ 



_3K4e_ 
_8K4e_ 

-^K+e: 
-4k40: 

-7K4e. 

1 v I (V - 
— t A 1 \J— 

-5k+0: 

Qv 1 Q " 

-~A1 \J— 

1 y 1( V 

-TTTtr- 

-^ete- 

I v 1 (V 

-3K4e. 

-3K+e: 
-7*443: 
-4*40: 
-5*40: 
-+*40: 

-+K+e- 

-5*40: 
-3*40: 
-4*40: 
-4*40: 

J.v 1 Q 

-t,\ 1 V— 

-4*40: 

-2*40- 
-3*40- 
_4K4e_ 



_4*4ei 

.4x40:1 
- 4 x 10 u 

-4*4e:i 

_+*40:i 
_6*4e:i 
-Sk+o^- 
-4*4ei 
_4K4e^_ 
_8K4e±- 
_6K+ei 
-4*401 

1 v 1 (Y '* 

— "T \ 1 \r 

_lv LQ ' 1 - 

-3*40:1 

-6K+e±_ 
_6K+e- 
_8K+ei 
_3*40±! 

-3x401 

_4*4ei 
-3*4ei 
-3*4ei 
_4*4ei 

-4*4e± 



-+*W— 



_9*4e^ 
-§k4o:1 
-3K4e^ 
-8K4e— 

-4*40:1 

-3*401. 

_+K4e^ 

A v in-" 

_4x40:^ 

-3K+e^L 
_4x4e:i 
-3*4e:i 

-4x40:1 
-3*40:1 

-3*40:1 
-3*40:1 
.8*40:1 

.6*40:^ 
-3*4e:l 

-3kW^l 
_3K+e^ 

_3k+0-^ 

-^^)— 

-2K-W-2 

_9K+e^i 
-3K+ei. 



_*K4e^ 
_3K-ie- 

-3K+e- 
_3K4e_ 
_§K4e^ 
-§K+e_ 
_2K+er 
_3K4e^ 

J, LQ-5 

,i v i n s 

_3K4er 
_2K-ie^ 
_9K+e_ 
_3K+e_ 
-+K+er 

_4K4ei 

-TK+ei 

J. v 1 Q'fi 

_3K4e_ h 
-5K4e_ 
_^K+e^ 
_*K4e^ 
-^K+e_ 
_3K4e_ 



_6K+er 
-^K4e_ 
-9K4e_ 5 ' 
-5K+e_ 

_2K4e_ 
-6K+ei 
-^t+e^ 
-+K4ei 
-+K4ei 
_+K4er 
-+K+e^ 
-7K4e_ 
-3K+e_ 
_4K4e^ 
_2K4e_ 

1 v II) - 
— "T A 1 V — 

-*K+er 

-8kW_ 

y v i [ V s 

— O A 1 V / — 

-4K4e^ 
_+K+e^ 
-4K-iei 
-+K+e_ 

-6k+0- 

_7K-ie- 

1 v | ( ) - 



797ri 



7:7^f 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



♦ 



Scandium (21) 



Selenium (3 4 ) 



Silicon (1 4 ) 



Silver ( 4 7) 



Sodium (11) 



Strontium (38) 



> 



Sulfur (16) 



Tantalum (73) 



Technetium ( 4 3) 



♦ 



Tellurium (52) 



Sm 153 



Sc 4 6 



Se 4 7 



Se4S 



Se 75 



-Si-44 



Ag 105 



Ag 110m 



Ag-44- 



Na 22 



Na 2 4 



Sr 85 m 



Sr 85 



Sr 89 



Si-99- 



s^n- 



Sr-9S 



-S-J5- 



Ta 182 



Te 96m 



Tc 96 



To 97m 



Te 97 



Tc 99m 



Tc 99 



Tc 125 m 



VZkBr 



4*4©1 



4*40l 



-4x401 



-3*401 



-5*401' 



-6*40l 



-4*401 



i*40i 



4*401 



t*40i' 



1*401 



-6*40- 



1*40- 



-6*40- 



-8*401 



4*401 



l*40i 



4*40l 



4*40l 



4*401 



4>*40l 



hx40:! 



4*401 



4*40:1 



4*40l 



1*401 



4*40l 



4*40:1 



4*401 



-*40- 



4*40- 



4*40l 



4*40- 



4*40l 



4*40- 



4*40l 



4*40i 



4*401 



4*401 



-8*40l 



4*40l 



-6*401 



4*40l 



4*40-' 



4*40- 



i*40l 



4*401 



4*401 



h*40- 



4*40-^ 



-6*40_ ! 



4*40l 



r*4©l 



h<40- 



_4*40l 
-3*401 
-3*40± 
-4*40l 
-4*40l 
4*40:1 
4*40l 
_8*40l 
-8*40:1 
.9*401 
.8*401 
4*40:1 
-6*401 
4*4©1 
4*40l 
_9*40:1 



-9*40± 
-4*40± 
-4*401 
-4*401 
.9*40:1 
_6*40l 
.8*40:1 
-3*401 
-3*401 
4*401 
-4*401 
4*40± 



_8*40il 
_4*40l 
-4*401 
-3*401 
_4*40l 
-3*401 
-3*401 
-3*401 
_8*40l 
-4*40:1 
_4*40l_ 

A v 1 Q -i 
— Ta 1 \J 

.4x40:1 
.4x40:1 
.4*40:1 
.4*40:1 
^5*40:1 
.5*40:1 
.3*40:1 
-3*40:1 



4*401 



_8*40l 
_4*40l 
-5*401 
4*401 
4*401 
-3*401 
-3*401 



_5*40l 
-3*401 
.4*40:1 
-8*40:1 
.8*40:1 
-3*401 



-3*40-1 

— vja i \j — 

-5*401 

— T A 1 \J 

,1 v 1 n -° 

-3*401 
_^*40l 
-3*401 
-3*401 
_4*40l 
-4x40:1 
-4*401 

9 , I f|-" 

— O A 1 \J 

.6*401 
4*401 



- 4 x 1 " s 

_5*40^ 

_4*40l- 

_4*40l_ 

_8*40l_ 

— "T \ I \J 

_**40ll 
_4*40l_ 
-3*4011 
-3*4011 
-3*401- 
Qy i n - y 

-3*40^1 
-4*401- 

Qy i Q - u 

— "K 1 \J 

Ov I u 

— V A 1 \J 

-4*401- 
_7*40^1 
.3*40^ 
.4*40^4 



-3*401 
-8*401 
-8*401 
-5*401 

— "TTTU 

-4*401 

_4*401- 



_5*40— 
_7*40:1 
-3*401 
-4*40:1 

1 v 1 Q -9 

— t A 1 V 

-5*401 
.4*401 



xl v 1 Q - 
— "t A 1 *J— 

-8*401 

_8*40l 
&% , m : 

,1 v l Q -: 

— *fA 1 \J— 

n v i n -' 

-/A 1 W— 

-9*40- 
-4x40- 
-4x40l' 
-**40l 
-**40l 
-9*401 
-3*401 
-4*401 
-4*401 
-3*40- 
-3*40- 

(1 v 1 Q-- 

1v I --' 

— "TA 1 \J— 

, 1 v i n - 1 

— 1A1 AJ— 

-3*40- 
-3*401 
-3*40- 
-7*401 
-7*401 
_4*40l 
-3*401 
-3*40- 
-3*40- 
-4*401 

Jv 1 Q-' 
-tA i \j— 

-7*40: 
-5*40: 
-4*40: 

f^y 1 (V 
— VJA I TJ- 

-6*40- 
_4(40ii 

/I v 1 (V s 
Jv LQ ' 5 

-*TA 1 \f — 

-4*40^ 
-4*40^ 
-4*401 
-5*401 
- 4 x 1 - 
-3*401 
-3*40- 
-8*401 
-6*401 
-3*40l 
-4(401 
-3*401 
-3*401 
-4*40il 
-6*40- 
-5*40-^ 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1917 



PROPOSED RULES 



Terbium (65) 



Thallium (81 



Thorium OX)) 



Thulium (69) 



Tin (50) 



Tungsten 



(Wolfram) (7 4 ) 



Uranium (92) 



Te 127 



Te 129m 



t39- 



Te 131m 



Te 132 



Tb 160 



Tl 200 



Tl 201 



Tl 202 



Tl 20 4 



Th 228 



Th 230 



Th 232 



Th natural 



Th 23 4 



Tm 170 



Tm 171 



Sn 113 



Sn 125 



W 181 



U 230 



l" 232 



U 233 



Us 23 4 



I is 235 



-^x49_ 



-9*W± 



-8*49:!i 



4*49:: 



-5*49- 



-4*49± 



-4*+9± 



-4*49:- 



^*49_ 



h<49: 



4x40— 



4*49: 



-3*49: 



-x49. 



-4x49 



-9*49 



-8*49 



^*49 



-6*49 



-3*49: 



-9*49: 



-6*49- 



-4*49- 



hf49_ 



4*49- 



4*49: 



4*49- 



4*49- 



-6*49: 



4*49- 



-4*W± 



-^M± 



4*49- 



-3*4G: 



^t*49: 



s*y£ 



4*49_ 



-8*49: 



^*49:' 



t*49i 



W 185 


S 

I 


8*49- 

1 v 1 I ) 








W 187 


S 


4*49- 



4*49: 



4*49:: 



4*49: 



4*40: 



-3*4-0: 



^v*49: 



4*49. 



-6*49- 



4x49: 



-5*49- 



t*49: 



i: 236 



-6*49- 



_8*49± 
_S*49:L 

_4x49:l 
£ , v in 4 

— UA1U 

_3*49:L 

-4x49:1 

-4x49:1 

-4x49:1 

Ov 1 Q " 4 

— uA 1 v 

-4*49:1 
_+*49:l 
-4x49:1 

_4x49:i 

_9*49±- 
-5*49:1 

J .v 1 Q-3 

— tA 1 VJ 

_3x49±- 

-4x49:1 
-4x49:1 
-S*49±- 

J. v 1 Q -4 

-*TA 1 v/ 

-5*49:1 
Ov in -4 

_5*49:1 
-4x49:1 
-4x49:1 
-4x49:1 
-5*49:1 
-5*49:1 
-4*49:1 
-4*49:1 
_+*49:l 
_+*49:l 
-4x49:1 
-4x49:1 
-5*40:1 
-5*40:1 
-4*40:1 
_+*40:l 
j . v i n -' 

-t.\ I V 

_4x49-l 
-4x40:1 
-4x40:1 
_4*49:1 
-4*49:1 
.8*49:1 

Q v LA -4 

Qv i n - 

— ~ Atu 

-9*49i- 
.9*49:1 
.9*49:1 

Q v 1 Q -4 
— o.\ i v/ 

.8*49:1 
4*49-1 



£ v in-" 

_4x49l 

_4x49i 

-4*49:1 
-4x49:1 
-4x49:1 
-4*49:1 
-6*49:1 

-4x49:1 
,1 y 1 Q -9 

-4x49:1 
-4*49^ 



_9*49l 
,1 v i n x 

— TA 1 VJ 

_7-*49l 
-4x491 
-4x49:1 
-8*49:1 
-4x40-1. 



Qv I Q-10 

-4x40:11 
-4x49:11 
-8*49:11 
_4x40l- 
-4*40:11 
-4*40:11 
_4*40:11 
.4*40:11 
-4x4©:^ 



_4*40l 
-4*401 

i y 1 n g 

-lAlv 



1 y 1 Q -9 

— *TA lu 

_8*40l 
-4*4£l 
_4x40l 

-lv I Q - u 

— *TA lv 

_4x40l 
_8*40l 

J .V 1 Q -9 

-4x40:1 

1 v 1 Q - 9 



_4x4£± 



-4*49:1 
-4*40:1 

/IvIQ-l^ 

— 1\ 1 w 

-3*49:11 

-9*49:11 
-4x49:1^ 

_1 V 1 - 

— "T \ IV 

-4x49:11 

J y |Q - 

_2*W±- 
_4*W^ 
_3*+0lL 



-3*+e^ 

-2*W^ 
-3*+0_ 
-3*+Q_ 
-8*Wi 
-8*+0z 
-6*W^ 

tlv If)-' 

-3*W_ 
-2*+0- 

— t A J U — 

J Y IQ -i 

— T ,\ I V^ — 

Jy I Q 4 

— 7s IU — 

-2*W^ 
-3*W^ 
_2*f0^ 
_4*Wi 
_-7*+0i 
-+*-K-):i 
-6*Wi 
-?*+0^ 

-3*+0_ n 



-**40_ 
j. v i n s 

-+*T9_ 
-2*W_ 
_2*f0- 

-5*W_ 
-5*+0_ 

-9*W^ 

y v LQ ' 5 

— O A 1 \J — 

-2*W- 

J . v LQ ' 4 

-3*Wi 

_4^40i 



_^49- 
-6*+9_ 
-5*+9- 
_^i49- h 
-*»49_ 
-4x49- 
-4x49- 
-4x49- 
-4x49- 
-4x49^ 
-4x49- 
-4x49- 
-4x49-^ 



I 



191 8 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



Vanadium (23) 



Xenon (5 4 ) 



Ytterbium (70) 



Yttrium (39) 



Zine (30) 



Zirconium ( 4 0) 



U 23 8 



U 2 4 



U natural 



V 4 8 



Xe 131m 



Xe 133m 



Xe 133 



Xe 135 



Yb 175 



Y 90 



Y 91m 



¥-94- 



¥-93- 



¥-94- 



Zn 65 



Zn 69m 



Zn 69 



Zr 93 



Zr 95 



Zr 97 



Any single 

radionuclide not 
listed above with 
decay mode other the 
alpha emission or 
spontaneous 
fi ss ion and with 
radioactive half life 
less than two hours. 



-Sttb- 



-Stib- 



-Stib- 



-Sab- 



1*49- 



^7*49i 



t*49i 



w_ 



J*49:l 



4*40- 



-6*40- 



^*40:1 



-6*49-' 



-3*49- 



W- 



-Safe 4*491- 



^*49± 



-6*49— 



4*491 



4*49:1 



^*49_ 



-4^Q— 



^*49i' 



^1*49:1 



^*49- 



^*49:1 



4*40- 



l*49i 



-6*49- 



-4*40:1 



^*40i 



^7*40:1 



-9*44n 



1*49:1 



4W94- 



t*±9: 



^*49:1 



!*49_ 



-9*49:1 



1*49:14 



-4*40: 



-4*40: 



.4*49: 



.4*443: 



H3±- 



-5*49:1 
-5*49.1 

Qy 1 Q 4 

g v in 4 

— O A 1 \J 



_4*49:1 

_4*49± 

_6*49lL 
-6*49± 
_4*40l- 
-4x40:1 
-8*40:1 
-8*49± 
-3*49:1 
-3*49:1 
-8*49:1 



Q y in 4 

— U A 1 VJ 

-4*49:1 
-5*49:1 
-3*40:1 
-3*40:1 
-5*40:1 
.5*40:1 
-3x40:1 
-3x49:1 
-3*49:1 
-2*49:1 
_5*49:1 



-5*40:1 



J. y 1 Q 

■■TTTU- 


^v 10 




Sv 10 




o v 1 n 


£>y 10 


1y 10 


^Y 10 


6y 10 


">Y 10 


4*49 



^V*49: 



^*40_ 



4*49i 



W_ 



-2*49.: 

.iv I n ' 
-t,\ i *_*— 

-4x40- 

-8*491 

-6*491 

-4*40- 

-4*49- 

_4*49i ! 

-4*491 



-6*49- 
-5*49- 

Jv 1 (V 

-t.\ 1 v>— 

-2*49- 
-4*49:: 
-4*49:: 
-2*49- 
-4*491 

±u in ' 

-4*49:: 

1 y 1 |V l 

-TXttJ- 

-4*49- 

_l v 1 Q -i 

— "T A I V/— 

-4*49- 
-4*49- 



-3*49^ 
-4*49i 



-TA I \7 — 

-4*49_ s 
-4*49-^ 
-2*40- 
-2*49-^ 
-4*49- 
-4*40- 



-4*40:1 
-4*49ii 
-3*49- 
-3*40i 
-4*49- 
-4*40:: 
-4*49- 
-4*49-' 
-6*49- 
-6*40- 
-4*40i 
-4*49^ 
-4*49^ 
_2*49i 
-7*49^ 
-6*49i 
-3*40- 
-3*4011 
_8*40ll 

Q y If ) 4 

— O A 1 \J — 

-6*40- 
-5*40- 
-3*49^ 
-3*49_ s 



Any single radionuclide 



not listed above with 
decay mode other than 
alpha emission or 
spontaneous fission 
and with radioactive 
half life greater 
than two hour s . 



^*49-l 



Oy I Q- 



l*49i 



-4*49:1 



7:18 



NORTH CAROLINA REGISTER 



December 75, 1992 



1919 



I1HBIII llll Hill uo.p—— 



PROPOSED RULES 



Any single radio 6x49_ 4*W- 2*M— ^-W: 

nuclide not listed 
above, which decay s 
bv alpha emission 
or spontaneous 
fission. 



+-2-I In Subparagraph (ax 1 i of this Rule, " s ub" means that values given are for submersion in a 

semi spherical infinite cloud of airborne material. 

t^H In Subparagraph laKli of this Rule. "S" means soluble and "I" means insoluble. 

£4) For purpo s es of these Regulations, it may be as s umed that the daughter activity concentrations in 

the following table arc equivalent to an air concentration of I0E 7 microeuries of radon 222 per 
milliliter of air in equilibrium with the daughter s RaA. RaB. RaC. and RaC": 



Alpha Emitting Daughter Activity 
Maximum Time Collected per Milliliter of Air 



Between Collection Total Alpha 

and Measurement Microeuries di s integration s 

i Hours i -m-1 per minute per ml. 

0.5 7.2 -s-4£ '* 9-+6~ 

-hO 4 .5 x 10 -! Qt+Q 

2tQ 1.3 x 10 - 9tQ38 

3-e 0.3 x 10 - 0.0072 

The duration of sample collection and the duration of measurement should be sufficiently short compared to 
the time between collection and measurement, a s not to have a statistically significant effect upon the results. 

{§} For soluble mixtures of L" 238. L" 23 4 and U 235 in air chemical toxicity may be the limiting 

factor. — If the percent by weight enrichment of L" 235 is less than five, the concentration valu e for 
a 4 hour workweek. Table 1. is 0.2 milligram uranium per cubic meter of air average. — For any 
enrichment, the product of the average concentration and time of exposure during a — k) hour 
workweek shall not exceed 8xl0 - SA mioroCi hr ml. where SA is the specific activity of the 
uranium inhaled. The concentration value for Table II i s 0.007 milligram uranium per cubic meter 
of air. — The specific activity for natural uranium is 6.77xl0 - eurie s per gram L". — The s pecific 
activity for other mixtures of U 238. I" 235 and I" 23 4 . if not known, shall be: 

SA~3.bxl0 - curics gram I" U depleted 

SA = i0. 4 — 0.38 E + 0.003 4 ES H+Q- E i s greater than or equal to 0."2 
where E is the percentage by weight of L" 235. expressed a s percent. 
ffen — In onv ca s e where there is a mixture in air or water of more than one radionuclide, the limiting values 
for purposes of this Section may be determined as follows: 

f+-) If the identity and concentration of each radionuclide in the mixture arc known, the limiting values 

may be derived as follows: — Determine, for each radionuclide in the mixture, the ratio between the 
quantity present in the mixture and the limit otherwise establi s hed in the tables in Subparagraph 
(an 1 i of this Rule for the s pecific radionuclide when not in a mixture. The sum of these ratios for 
all the radionuclides in the mixture may not exceed unity. 

i~> If radionuclide s a. b. and c are present in concentrations C ^t-G^ . and C-. and if the applicable 

MFC's and MPC 3 . MPC „ and MPC - rcspcctivcly. then the concentrations s hall be limited so that the 



1920 7:18 XORTH CAROLIXA REGISTER December 15, 1992 



PROPOSED RULES 



♦ 



following relationship exists: 
G 1 + C p f C - — is less than or equal to 1 
MPC.MPC-^MPC, 

{3} If either the i dentity or the eoncentration of any radionuclide in the mixture is not known, the 

limiting value s for purpo ses of this Rule s hall be: 
fA) — for purpo s e s of Table I. Column 1: 6x10 — 
fB) — for purpo s es of Table I. Column 2: 4 x10 - 
(C4 — for purpo s e s of Table IK Column 1: 2x10 — 
f&} — for purposes of Table II. Column 2: 3x10 - 

f4-) If any of the conditions specified b e low are met. the corresponding values s pecified below may be 

used in lieu of tho s e s pecified in Subparagraph (b)(3) of thi s Rule. 
(A-) — If the identity of each radionuclide in the mixture is known but the concentration of one or more 
of the radionuclides in the mixture i s not known, the eoncentration limit for the mixture i s the 
limit specified in the tables in Subparagraph (a)( 1 ) of thi s Rule for the radionuclide in the mixture 
having the lowest concentration limit; or 
<-B-) — If the identity of each radionuclid e i n the mixture i s not known, but it i s known that certain 
radionuclides s pec i fied in the tables in Subparagraph (a)(1) of this Rule are not present in the 
mixture, the eoncentration limit for the mixture i s the lowe s t concentration limit specified in those 
tables for any radionuclide which i s not known to be absent from the mixture: or 
tC-) — If certain radionuclides arc known not to be present, the concentration limit for the mixture is the 
appropriate concentration limit from the following table: 

Table I Table II 



> 



♦ 



Element (atomic number) Column 1 Column 2 Column 1 Column 2 

and isotope Atf Water Aw Water 

micro micro micro micro 

Curie/ml Curie/ml Curie/ml Curie/ml 

If i t i s known that Sr 

90. I 125. I 126. I 129, 

I 131. (I 133. Table II 

only). Pb 210. Po 210, 

At 211, Ra 223. Ra 22 4 . 

Ra 226. Ac 227. Ra 228. 

Th 230, Pa 231. Th 232. 

Th nat. Cm 2 4 8. Cf 25 4 . 

and Fm 256 are not pre s ent 9*40-- 3*+0_ 

If it is known that Sr 

90. I 125. I 126. I 129 

(I 131. I 133. Tab l e II 

only). Pb 210. Po 210. 

7:18 NORTH CAROLINA REGISTER December 15, 1992 1921 



PROPOSED RULES 



Ra 223. Ra 226. Rn 228. 
Pa 231. Th nat. Cm 2 4 8. 
Cf 25 4 . and Fm 256 are 

not present 9*49- 3*W_ 

If it i s known that Sr 
'X). I 120. (1 125. I 126, 
1 131. Table II only). 
Pb 210. Ra 226. Ra 228. 
Cm 2 4 8. and Cf 25 4 are 

not present 2x10 - 6x10 - 

If it is known that 

(I 129. Table 11 only). 

Ra 226. and Ra 228 are 

not present 3x10 - heW_ 

If it is known that 

alpha emitters and Sr 90. 

1 129. Pb 210. Ae 227, 

Ra 228. Pa 230, Pu 2 4 1, 

and Bk 2 4 9 are not pre s ent 3*40- J-x40± 



If it is known that Ae 
227. Th 230. Pa 231. Pu 



If it is known that 

alpha emitter s and Pb 

210. Ae 227. Ra 228. and 

Pu 2 4 1 are not present 3x10 — 1^+Ql 



If it is known that 

alpha emitters and Ae 

227 are not pre s ent 4x40— l-x40-i- 



1922 7:18 NORTH CAROLINA REGISTER December 15, 1992 



PROPOSED RULES 



238. Pu 239, Pu 2 4 0. Pu 

2 4 2, Pu 2 44 , Cm 2 4 8, Cf 

2 4 and Cf 25 1 are not 

pre se nt 3*Wi^ i-x-W:!l 



(S) If the mixture of radionuclide s con s i s t s of uranium and its daughter products in ore dust prior to 

chemical proce ss ing of the uran i um ore, the values specified below may be used in lieu of those 
determined in accordanc e with Subparagraphs (b)(1), (3), and ( 4 ) of this Rule. 
(A) — For purposes of Table I. Column 1 in Subparagraph (h)( 4 )(C) of this Rule, 1x10 — microCi/ml 

natural uranium: or 75 microgram s of natural uranium per cubic meter of air. 
<-B-) — For purposes of Tab l e II. Column 1 in Subparagraph (b)( 4 )(C) of thi s Rule. 3x10 — microCi/ml 

natural uranium: or three microgram s of natural uranium per cubic meter of air. 
<-C-) — For purpose s of this Rule, a radionuclide may be considered as not present in a mixture if: 

fri The ratio of the concentration of that radionucl i de in the mixture (C a ) to the concentration 

limit for that radionuclide s pecified in Table II in Subparagraph (a)(1) of this Rule. MPC 3 t 
does not exceed 1/10. i.e.. C/MPC j le ss than or equal to 1/10: and 

f+ri The sum of the ratios for all radionuclides considered as not present in the mixture docs not 

exceed one fourth, i.e.. C j /MPQ -t— G B /MPC „+ ...le ss than or equal to 1/ 4 . 

Statutory Authority G.S. 104E-7(2). 

.0424 REFERENCE FOR LABELING AND DISPOSAL REQLTREMENTS 

{*) — The following table of radionuclides and activities i s for use in conjunction with rule s in this Section 
pertaining to labeling and di s po s al requ i rement s . 

Material Microcurie s 



Americium 2 4 1 0.01 

Antimony 122 W0 

Antimony 12 4 W 

Antimony 125 W 

Arsenic 73 W0 

Arsenic 7 4 W 

Ar s en i c 76 1-0 

Arsenic 77 W0 

Barium 131 W 

Barium 133 W 

Barium 1 4 W 

Bismuth 210 h 

Bromine 82 W 

Cadmium 100 W 

Cadmium I 15m 1-0 

Cadmium I 15 W0 

Calcium 4 5 W 

Calcium 4 7 K) 

Carbon 14 W0 

C e rium 1 4 1 W0 

Cerium 1 4 3 WO 

Cerium 1 44 1- 

Cesium 131 h000 



7:18 NORTH CAROLINA REGISTER December 15, 1992 1923 



PROPOSED RULES 



Cesium 1 3 4 m 



G 



4-34- 



Co si urn 135 
Ce s ium 136 



Cesium 137 



Chlorine 36 
Chlorine 38 



Chromium § 
Cobalt 58m 



Cobnlt 58 
Cobnll 60 



-64- 



Copper ^ 
Dyspro s ium 165 



Dv 



s pro si 



urn 166 



Erbium 169 



m 



hro i um 

Europium 152 (0.2 hi 



H=ep- 



4-55-h 



.' vn 



Europium 15 4 



Europi 



Fluorine 
Gndoli 



4-5- 



. . ndulmium 
Gadolinium 150 
("milium 72 



Germanium 71 



(".old 10S 



Gold 100 



H 



4>4- 



atnium 
Holmium 166 



H\ drogen 3 — 
Indium I I 3 m 



In* 



Indium I I 4 m 
Indium 1 15m 



Indium I I? 
Iodine 125 



Iodine 126 



le i -f 
Iodine 129 



Wt 



444- 



lodin e 



Iodine 1 .v 
Iodine 13 4 
ie4f 



line I.V> 
Iridium 1 02 



Ir i dium 10 4 



Iron 55 



Iron 50 



K5- 



Krypton 

Krypton 87 

Lanthanum 1 4 



Lutetium 177 



Mangane s e 51 



iganese .i_ 
Mangane s e 5 4 
M 



anganese §€ 
Mereurx — 107m 



Morourv 10" 



W0 



40 



+0 



I 



40 



wee 



40 

4+1 



W 



400 
— W 
400 
400 
400 
400 



bOOO 



W0 



WO 



toe 



we 



400 



♦ 



4W00 



we 



we 



46 



— W 

— w 
— w 
-we 
-we 
— w 

400 
— W 
— W 

-we 
— w 
— w 
— w 

400 
400 



♦ 



1924 



7: IS 



XORTH CAROLIXA REGISTER 



December IS, 1992 



PROPOSED RULES 



Mercury 203 

Molybdenum 99 



40 



+99 



Neodymium 1 4 7 
Neodym i um 14 



WO 



499 
499 



Nickel 59 



Nickel 63 



40 



Nickel 65 



499 



Niob i um 93m 



40 



Niobium 95 



49 



Niobium 97 



Osmium 185 



49 



Osmium 191m 



W9 



O s mium 1 91 



499 



Osmium 193 



149 



Palladium 103 



499 



Pallad i um 1 09 



499 



Pho s phoru s Yi 
Platinum 191 



40 



499 



Platinum 193m 



we 



Platinum 193 



490 



Platinum 197m 



400 



Platinum 197 



409 



Plutonium 239 



-9441 



Polonium 210 



43v- 



Potas s ium 4 2 



— 1+3 

499 
499 
-49 
-4) 
0.01 



Pra s eodymium 1 4 2 



Praseodymium 1 4 3 



Promethium 1 4 7 



Promethium 1 4 9 



Radium 226 



Rhenium 1 86 



400 
499 
499 
499 
—4) 
—43 
409 
—43 

—yd 

— v 

-49 
499 
—43 
499 
—43 
— 43 
499 
—43 
— 1- 
499 
—43 
—43 



Rhenium 188 



Rhod i um 193m 



Rhodium 105 



Rub i dium 86 



Rubidium 87 



Ruthen i um 97 



Ruth e nium 103 



Ruthenium 105 



Ruthenium 1 06 



Samarium 151 



Samarium 153 



Scandium 4 6 



Scandium 4 7 



Scand i um 48 
Selenium 75 



Silicon 3 1 



Silver 105 



Silver 1 10m 



Silver 1 1 I 



Sodium 2 4 



Strontium 85 



Strontium 89 



Strontium 90 



-4 



Strontium 91 



40 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1925 



PROPOSED RULES 



Strontium 02 



-*S- 



Sulphur i 
Tantalum 182 



T-eeFf 



-96- 



loehnotium 
Technetium 07m 



TeeFf 



^u 



cchnctium 
Technetium 99fH 



F^cFr 



-OQ- 



jchnctium 
Tellurium 125m 



F 



-F2-7+ 



ellunum li/m 
Tellurium 127 — 



Tellurium 120m 



Tellurium 120 



4 



434 



ellunum I .< I m 
Tellurium 132 — 



TefFt 



F69- 



erhium 
Thallium 200 



T+wttt 



im- 



lium 21. 
Thallium 202 
Thallium 20 4 



Thorium I natural) 



44* 



Ullllllll 

Thulium 



7Q- 



Tm I F3 



hffl- 

Tin 125 



Tm 



484 



mg s ten 
Tungsten 185 



Tung s ten 187 



l : ranium (natural i 



FJ 



ranium £&S 
l ranium 23 4 
Uranium 235 



Vanadium 4 8 



X 



enon I .■ ■> 1 m 

Xenon 133 — 

Xenon 135 — 



Ytterbium 175 



Vttt 



-00- 



Yttrium 01 



¥«* 



-02- 



Yttrium 03 



Zine 6> — 
Zine 60m 



rffle 



■69- 



Zireonium 93 



Zirconium 05 



Zirconium 07 



W 



-FOG 



46 



400 



I 



400 



FOG 



4H 



FO 



49 



40G 



4H 



4GG 



49 



4W 



FOG 



FOG 



400 



400 



4H 



40 



4H 



4H 



400 



FOG 
—0441 



I 



4>4>4 



49 



44)00 



40G 



FOG 



400 
-40 



49 



400 



FOG 



FOG 



^000 



40 



Any alpha emitting 
radionuclide not 
listed above or 
mixtures of alpha 
emitters of unknown 



compos i tion 



4FG4 



t 



1926 



7: IS 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



♦ 



> 



♦ 



Any radionuclide other 

than alpha emitting 

radionuclides, not 

li s ted above or 

mixtures of beta 

emitters of unknown 

composition 0.01 



fb-) — For the purpo s e s of the table in (a) of thi s Rul e : 

fh Thorium (natural) is based on alpha di s integration rate of Th 232. Th 230 and their daughter 

products: and 

f2-> Uranium (natural) is based on alpha disintegration rate of U 238. U 23 4 . and U 235. 

fe-) — For purposes of Rules .0 4 1 1 and .0 4 16(d) of this Section, where there is involved a combination of 
i s otope s i n known amounts, the limit for the combination may be derived as follows: 

f-h Determine, for each isotope in the combination, the ratio between the quantity present in the 

combination and the limit otherwi s e es tabli s hed for the specific isotope when not in combination. 
f2-> The sum of such ratios for all the isotopes in the combination may not exceed unity. 

Statutory Authority G.S. 104E-7. 

.0425 CLASSIFICATION/RADIOACTIVE WASTE FOR NEAR-SURFACE DISPOSAL 

ftH — The following are definitions of and special requirements applicable to the different cla ss es of waste: 
fh "Class A Waste" mean s radioactive waste that is usually segregated from other wa s te cla ss e s at th e 

disposal site. — The physical form and characteri s tic s of Cla ss A waste shall meet the minimum 

requirements set forth in Rule .0 4 26(a) of thi s S e ction. If Cla ss A wa s te also meets the s tability 

requirements set forth in Rule .0 4 26(b) of thi s Section, it i s not nece ss ary to segregate the waste 

for disposal. 
f2-} "Class B Wa s te" means radioactive waste that mu s t meet more rigorous requirements on waste 

form to ensure s tability after di s posal. The physical form and characteri s tic s of Cla ss B wa s te shall 

meet both the minimum requirements and stability requ i rement s set forth in Rule .0 4 26 of this 

Section. 
0) "Class C Waste" means radioactive waste that not only must meet more rigorous requirem e nt s on 

waste form to en s ure s tability, but al s o require s additional mea s ure s at the di s po s al facility to 

protect against inadvertent human intrusion. — The physical form and characteri s tic s of Cla ss C 

wa s te s hall meet both the minimum requirement s and s tability requirement s s et forth in Rule .0 4 26 

of thi s Section. 
fb-) — If the waste contains only radionuclides listed in the table in Subparagraph (b)(5) of this Rule, the 
licensee shall determine the classification as follow s : 

f-h If the concentration doe s not exceed 0.1 time s the value in the table in Subparagraph (b)(5) of this 

Rule, the wa s te is Class A waste. 
■f^) If the concentration exceed s 0.1 time s the value in the table in Subparagraph (b)(5) of thi s Ru l e. 

the wa s te i s Class C wa s te. 
{^r) If the concentration exceed s the value in the table in Subparagraph (b)(5) of this Rule, the waste 

is not generally acceptable for near surface disposal. 
{M For wastes containing mixture s of radionuclides listed in the table in Subparagraph (b)(5) of this 

Rule, the licensee shall determine the concentration bv th e " s um of fractions rule" de s cribed in (f) 

of thi s Rule. 
f5-) The following is the table of long lived radionuclide s and concentrations for use in conjunction with 

waste classification rules of this Section: 

radionuclides concentration 



carbon 1 4 8 curie s' cubic meter 



7:18 NORTH CAROLINA REGISTER December 15, 1992 1927 



PROPOSED RULES 



carbon 1 4 in activated metal 



nickel 50 in activated metal 



niobium 4 in activated mcta 



technetium 99 



iod i ne 120 



mdt 



rnelntm. and alpha emitting 
transit rnnie radionuclide s 
Vi-4t 



with halt l ive s s 
than five year 



ata 1 



plutonium 2 4 1 
curium 2 4 2 



-80- 



curic s /cubic met e r 



curK 



Mhbi 



c meter 



40t5- 



curie s' cuhic meter 



eurie s /cubie meter 



0.08 euries/cubie meter 



I 



400- 



nanoeurics/gram 
3.500 — nanocuries/gram 



20.000 nanocurie s /gram 



fe-) — If the wa s te doe s not contain any of the radionuclides listed in the table in Subparagraph (b)(5) of this 



Rule, the lice 



nhn.ll use the data for short lived radionuclide s and concentration s in the table 



Subparagraph (c)(7) of thi s Rule to determine the cla ss ification as follow s : 

<-h If the concentration does not exceed the value in column 1. the wa s te is Class A waste. 

(-2-) I f th e concentrat i on exceeds the value in column 1. but do es not exceed the value in column 2. the 

waste is Class B waste. 
f34 If the concentration exceeds the value in column 2. but docs not exceed the value in column 3. the 

waste is Class C waste. 
f4-t If the concentration exceeds the value in column 3. the wa s te i s not generally acceptable for 

near surfac e disposal. 
fS-) For wa s tes containing mixture s of the radionuclides listed in the table in Subparagraph (c)(7) of this 

Rule, the total concentration s hall be determined by the "sum of the fractions rule" described in 

(f) of this Rule. 
f#H In determining the wa s te cla ssi fication s in Subparagrapshs (c)(1) through (5) of this Rule, the 

licensee may di s regard any radionuclides not listed in the tables in Subparagraphs (b)(5) and (c)(7) 

of this Rule. 
f7-) The following is the table of s hort lived radionuclide s for u s e in conjunction w i th the wa s te 

cla ss ification rules of this Section: 



I 



radionuclide 



column 1 



concentration in curies; cubic meter 



column 1 



column 3 



total of all radionuclides 

with les s than 5 year 
-4h 



lalf lite — 
hvdrogen 3 



^00- 



sec (e)(8) 



s ee (c)(8) 



-40- 



scc (c)(8) 



s ee (c)(8) 



:obalt 60 



-700- 



see (c 

-70 

700 



wSi- 



s ee (ei(8) 
-3W 



nickel 63 



:kel 63 



nickel fo in activated me 

strontium 00 

cesium 137 



tel- 



^000 



-0tO4- 



^O- 



^000 



^4- 



-+609 



&+- 



There arc — nt» — limits established for the radionuclide s — noted hv 



(c)(8)" in the table in 



Subparagraph (e)(7) of thi s Rule for Cla ss B or C wa s te s . — Practical considerations such a s the 
effects of external radiation and internal heat generation or tran s portation, hand li ng, and di s po s al 



will limit the 



.'titrations for these waste 



The li 



s hall classify the s e wa s te s as Clas s B. 



unle s s the concentrations of other radionuclide s in the table in Subparagraph (e)(7) of this Ru l 
dictate c l a ss ification as Class C wa s te independent of these radionuclides. 



♦ 



192S 



7: IS 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



(d) If waste contain s a mixture of radionuclides, some of which arc li s ted in the table in Subparagraph (b)(5) 
of this Rule and s ome of which are listed in the table in Subparagraph (c)(7) of this Rule, the licensee shall 
determine the classification and s uitability for near surface di s po s al as follows: 

{\-) In accordance with Paragraph (b) of thi s Rule, determine the clas s and suitability for near surface 

disposal for only the radionuclide s in the mixture which are listed in the tabic in Subparagraph 
(b)(5) of this Rule; 

{3) In accordance with Paragraph (c) of thi s Rule, determine the class and suitability for near surface 

disposal for only the radionuclides in the mixture which arc listed in the table in Subparagraph 
(c)(7) of this Rule; and 

{¥) Cla ss ify the waste as the more re s trictive of the two determinations in Subparagraphs (d)(1) and 

(d)(2) of this Rule where "not generally suitable for near s urface disposal" is the most restrictive 
and "Class A" is the least restrictive, 
(c) If waste contains none of the radionuclide s li s ted in the table s in Subparagraphs (b)(5) and (c)(7) of this 
Rule, the licensee shall determine the wa s te to be Class A waste. 

(f) — When required in Paragraph s (b) and (e) of this Rule, the licensee shall use the "sum of the fractions 
rule" described in Subparagraph (f)(1) of this Rule. 

For determining the cla s sification for waste that contains a mixture of radionuclides, the licensee 



m- 



3cs. ine licensee 

shall determine the sum of the fractions by dividing the concentration of each radionuclide by the 
appropriate limit, where the appropriate limits shall all be taken from the same column of the same 
table, and by adding the resultant value s . — The sum of the fractions for the column must be less 
than 1.0. if the wa s te cla s s is to be determined by that column. 
The following is an example calculation: 



h9- 

fA-) — A waste contain s s trontium 90 with a concentration of 50 curies per cubic meter and cesium 137 

with a concentration of 22 curie s p e r cubic meter. 
fB-) — Since the concentration s of both exceed the values in column I of the table in Subparagraph (c)(7) 

of this Rule, they mu s t be compared with the values in column 2. 
fC-) — The strontium 00 fraction is 50/150 or 0.33, the cesium ! 37 fraction is 22/ 44 or 0.5, and the sum 
of the fraction s i s 0.83: therefore, s ince the sum is les s than 1.0. the wa s te i s Cla s s B wa s te. 
fg-) — Provided that there is reasonable as s urance that an indirect method can be correlated with actual 
measurements, the licen s ee may determine radionuclide concentrations by indirect methods s uch as u s e of 
scaling factor s which relate the inferred concentration of one radionuclide to another that is measured or u s e 
of radioactive material accountability records. — The licen s ee may average a radionuclide concentration over 
the volume of the waste or over the weight of the waste in the ease of radionuclides with nanocurie per gram 
limits specified in the tab l e in Subparagraph (b)(5) of thi s Rule. 



Statutory Authority G.S. W4E-7(2). 

.0426 RADIO ACTIVE WASTE 
CHARACTERISTICS 

(a) The following are minimum requirements for 
all classes of radioactive waste and arc intended to 
facilitate handling and to provide protection of 
health and safety of per s onnel at the radioactive 
waste disposal site. — The licensee shall: 

f-h package wa s te s in conformance with the 

conditions of the license i ss ued to the 
s ite operator to which the waste will be 
shipped to the extent that s uch condi 
tion s arc more restrictive or in addition 
to the requirements contained in this 

<-2-) net — package — wa s te s — fof — disposal — m 

cardboard or fibcrboard boxe s : 

i$j package liquid wa s te in sufficient absor 

befrt — material to ab s orb twice the vol 



v4)- 



Gh 



{$- 



umc of the liquid: 

limit the volume of freestanding liquid 
in s olid wa s te s containing liquid to as 
Wttle — freestanding — and — non corro s ive 
liquid as is reasonably achievable, but 
in no case to more than one percent of 
the volume: 

limit waste s — to tho s e which are — net 
readily — capable — of detonation — or of 
explo s ive decomposition or reaction at 
normal pre ss ure s and temperatures, or 
of explosive reaction with water: 
except for radioactive gaseous waste 
packaged in accordance with Subpara 
graph (a)(8) of this Rule, limit wastes 
to those which do not contain, or arc 
not capable of generating quantitie s of 
toxic gases, vapors, or fumes harmful 
to persons tran s porting, handling, or 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1929 



PROPOSED RULES 



a+- 



^r 



m- 



disposing of the waste; 

treat, prepare and package pyrophorie 

materials contained in wa s te ? in a man 

ncr to render them nonflammable;: 

package wa s te s in a gaseous form at an 

absolute pressure that doe s not exceed 

1.5 atmosphere s at 20 degrees C and 

limit the total activity to no more than 

100 curies per container; and 

treat — wastes — containing — hazardous. 



biological. — pathogenic. — &f — infectiou s 

material to reduce the potential hazard 

from the non radiological material to 

the maximum extent practicable. 

<4=H — Stability is intended to ensure that the wa s te 

does not degrade and affect overall stability of the 

si te through slumping, collap s e, or other failure of 

the di s posal unit and thereby lead to water infiltra 

Httfh — Stability is also a factor in limiting exposure 

to an inadvertent — intruder, since it provides a 

recognizable — and — nondispersiblc — wa s te. The 

licensee s hall comply with the following require 
merit s , which arc intended to provid e s tability of 
wa s te, when the waste i s either Class B or Cla ss C 
wa s te. 

The licensee shall en s ure that the wa s te 
has structural stability. — A s tructurally 
stable waste form will generally main 
tetfi — rts — phy s ical — dimen s ion s — and — rts 



M- 



t'orm under the 



Jted d 



ispo 



tai- 



ic expccicu uis[_ 
tions s uch as weight of overburden and 
compaction equipment, the presence of 
moisture and — microbial — activity. — ftftd 
internal factors such a s radiation effect s 
and chemical changes. — Structural sta 
bility can be provided by the waste 
form itself, proce s sing the wa s te to a 
s table form, or placing the waste in a 
disposal — container — er — s tructure — that 
provide s s tability after di s po s al. 



<-3-> Notwith s tanding the p 



rovisions in 



■Safe- 



paragraphs (a)(3) and ( 4 ) of thi s Rule. 



frte4 



icenscc s 



frart- 



jonvort liquid wa s te s 
or wa s te s containing liquids into a form 
that contain s as little freestanding and 
noncorrosivc — liquid — as — is — rea s onably 
achievable: but in no case more than 
one percent of the vo l ume of the waste 



when the waste 



Mtbk 



i s i n a cli s po 
tainer designed to en s ure stability: or 



9^5 



percent ot the volume of the waste 
for wa s te proce s sed to a stable form. 



f^- 



-Frte- 



-shsW- 



icensee snail rceiuce \oiu space s 
within — rite — wa s te — arte) — between — the 
waste s — and — rts — package to the extent 



practicable. 
Statutory Authority G.S. W4E-7(2). 

.0427 LABELING 

The licensee shall clearly label each package of 
waste to identify the wa s te as C l a s s A. Cla ss B or 
Cla ss C waste as determined in accordance with 
the provi s ion s of Rule .0 4 25 of this Section. 

Statutory Authority G.S. 104E-7(2). 

.0428 TRANSFER OF RADIOACTIVE 
WASTE FOR DISPOSAL .AND 
MANIFESTS 



I 



{*) — 1 he licensee shall prepare a shipment mani 
te s t which s hall accompany each shipment of waste 
and which s hall include the following information: 

<-+-) the name, addres s and telephone num 

ber of the person generating the waste; 

f2-) the name, address and tel e phone num 

ber of the person tran s porting the waste 
to the wa s te disposal facility; 

f3-t as complete a statement a s practicable 

of the following information: 
fAi — a phy s ical de s cription of the waste. 
fB-t — the wa s te volume. 
fC-) — the radionuclide identity and quantity. 
f£H — the total quantity of radioactivity. 
f&) — the total quantity of the radionuclides: 
hydrogen 3. carbon 1 4 . technetium 99 
and iodine 1 20. and 
<-R — the principal chemical form: 

f4-» the s olidification agent, if any; 

fS-) if the waste contains more than 0.1 

percent chelating agent s by weight, the 
identity and e s timated weight percent of 
the chelating agents; and 



♦ 



(6) 



a clear s tatement of the waste class, if 
determined to be cither Class A. Class 



B 



-the 



or I lass I — wa s te pursuant to 
provi s ion s of Rule .0 4 25 of this Sec 
tion. 
fb-) — In each manifest the waste generator shall 
include a certification that the tran s ported material s 
are — properly — cla ss ified. — de s cribed. — packaged. 
marked, and labeled and arc in propocr condition 
f-»f — transportation — according — te — the — applicable 
regulations of the I'.S. Department of Transporta 
tion and the agency. — An authorized representative 
of the — wa s te generator s hall — s ign and date the 
manifest. 



feH — I he manifest required in Paragraph (a) o 
thi s Rule may be shipping paper s u s ed to meet 
U.S. Department of Transportation or I'.S. Envi 



f 



♦ 



1930 



7:18 



XORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



ronmental Protection Agency regulation s or re 
quirements of the receiver, provided nil int'orma 
tion required in Paragraphs (a) tind (h) of this Rule 
i s included. 

fd-) — Any licensee who transfers waste to a li 
censed land waste disposal facility or a licensed 
waste collector shall comply with the requirement s 
in Subparagraphs (d)(1) through (8) of thi s Rule. 
Any licensee who transfers waste to a licensed 
waste processor who treats or repackage s wa s te 
shall comply with the requirements in Subpara 
graph s (d)( 4 ) through (8) of this Rule. The licens 
ec shall: 

f4-) prepare all wastes so that the wa s te is 

classified in accordance with the provi 
sions of Rule .0 4 25 of thi s Section and 
meets the waste characteristics require 
meats in Rule .0 4 26 of this Section; 

(3) label each package of waste a s Class A, 

Class B or Clas s C as determined in 
accordance with the provi si on s of Rule 
.0 4 25 of this Section; 



manife s t to the generator; 



m- 



(4) 



conduct a quality control program to 
assure compliance with the provisions 
of Rules .0 4 25 and .0 4 26 of thi s S e c 
tion and to include management cvalua 
tion of audits; 



prepare — s hipping — manife s t s — m — accor 
dance with the provi s ions of Paragraphs 
(a) and (b) of this Rule; 

{§} at the time of shipment, forward a copy 

of the manifest to the i ntended rccipi 
ent; or. at the time the waste is collect 
e4-. — have — the — collector — acknow l edg e 
receipt by signing the licensee's copy of 
the manifest and provide a copy of the 
manife s t to the collector; 

f6) include one copy of the manifest with 

the shipment; 

iffj retain a copy of the manifest. — wrtft 

documentation of acknowledgement of 
receipt. — a s the record of transfer of 
licensed material a s required in Rule s 
.01 15 and .0 4 17 of thi s Chapter; and 

f&) conduct an inve s tigation in accordance 

with Paragraph (g) of th is Rule for any 
shipments or any part of a shipment for 
which — notificat i on of receipt — ha s not 
been — rece i ved — within — 20 — days — after 
tran s fer. 
fe-) — Any wa s te collector licensee who handle s 
only prepackaged wa s te s hall: 

fB acknow l edge receipt of the wa s te from 

the generator within one week of re 
eeipt by returning a si gned copy of the 



f2-) prepare — a new — manife s t which — shall 

reflect consolidated s hipments, serve as 
a listing or index for the detailed gener 
ator manifests, and includ e copie s of 
the generator manife s t s ; or prepare a 
new — manifest — without — attaching — the 
generator manifests, provided the new 
manifest contains for each package the 
information specified in Paragraph (a) 
of thi s Rul e ; 

0} certify that nothing ha s been done to 

the wa s te which would invalidate the 
generator' s certification; 



W- 



forwnrd a copy of the new manifest to 



the l and disposal facility operator at the 
time of shipment; 
f§-) include the new manifest with the s hip 



m- 



m- 



ment to the di s po s al s ite; 

retain a copy of the manifest with docu 

mentation of acknow l edgement of re 

eeipt a s the record of transfer of li 

censed radioactive material as required 

in Rules .0115 and .0116 of this Chap 

ter. and retain information from genera 

tor manifests until disposition is autho 

rized by the agency; and 

conduct an investigation in accordance 



with Paragraph (g) of thi s Rule for any 
s h i pment s or any part of a shipment for 
which — notification of receipt has not 
been — received — within — 30 — days — after 
transfer. 
ff-) — Any licen s ed wa s te proce ss or who treats or 
repackages wastes shall: 

fB acknowledge receipt of the waste from 

the generator within one week of re 

eeipt by return i ng a s igned copy of the 

manife s t to the generator; 

prepare a new man i fe s t that meets the 

requirem e nt s of Paragraph s (a), (b) and 

(c) of thi s Rule, thereby reflecting the 

fact that the proce ss or is responsible for 

the waste; 

prepare all waste s s o that the wa s te i s 

cla ss ified in accordance with the provi 



m- 



&■ 



s ion s of Rule .0 4 25 of this Section and 
meet s the wa s te characteristics require 
ments in Rule .0 4 26 of this Section; 

f4-) label each package of waste as Cla ss A. 

Cla ss B or C l a ss C a s determined in 
accordance w i th the provi s ion s of Rules 
.0 4 25 and .0 4 27 of this Section: 

iSj conduct a quality control program to 

a ss ure compl i ance with the prov i sions 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1931 



MMJUWJli 



Btftfwsmwjm 



PROPOSED RULES 



of Rules .0 4 25 and .0 4 26 of this Sec 
tion and to include management ovalua 
t i on of audit s ; 



t*H- 



at the time of shipment, forward a eopy 
of the manifest to the intended reeipi 



;nt; or. at the time the waste is 



*- 



isic is eoueet 
etk — hav e — the — collector — acknowledge 



m- 



receipt bv s igning the licensee s copy o 
the manife s t and provide a copy of th 
manife s t to the collector; 
include the new manifest with the ship 



f 



merit; 



^h 



+4t 



retain — a copy — of the — manifest. — wrt 
documentation of acknowledgement of 
receipt. — a s the record of transfer of 
licensed material as required in Rules 
.01 15 and .0 4 17 of this Chapter; and 



nduet an investigation in acco 



rdanc 



iQj eonuuci an investigation in accordance 

with Paragraph (g) of thi s Rule for any 
shipment s or any pail of a shipment for 
which — notification of receipt has not 
been — received — within — 24) — day s — after 
transfer. 

fg-) Afty radioactive wa s t e disposal facility 

operator shall: 



m- 



acknow ledge receipt of the wa s te within 
eiw — week — of receipt — by — returning a 
signed copy of the manifest or cquiva 
teftf — documentation — te — the — shipper. 



W-hc 



h s hipper is the Ik 



who 



m- 



m- 



tppe 

la s t po s sessed the waste and transferred 
the waste to the operator; 
indicate on the returned copy of the 
manifest or equivalent documentation in 
Subparagraph (g)(1) of this Rule any 
discrepancies between material s li s ted 
on the manifest and mater i als received; 

ileted 



maintain copies of all completed mam 

te s t s or equ i valent documentation until 

the agency authorize s their di s po s tion; 

+4i notify the s hipper (e.g.. the generator. 

the — collector. — »f — processor) — smd — the 
agency when any shipment or part of a 
shipment has not arr i ved within 60 days 
after — the — advance — manife s t — was — re- 
eeived. 
fh-) — If the s hipper doe s not receive a notification 
of receipt for anv shipment or anv pail of a ship 



ment within 20 de 



after tran s fer. — tht 



upper 
■ hal l conduct an i nvestigation, to include a trace of 



th 



-=fh* 



and 



c shipment. — I lie s h i pper and any other licensee 
who conducts a trace — i nve s tigation shall file a 
written report with the agency within two weeks of 
the completion of the inve s tigation. 



Statutory Authority G.S. 104E-7(2), (3); 
W4E-12(a). 

SECTION .0500 - SAFETY 

REQUIREMENTS FOR INDUSTRIAL 

RADIOGR\PHY OPERATIONS 

.0502 DEFINITIONS 

(a) "Radiographer" means any individual who 
performs or who, in attendance at the site where 
sources of radiation are being used, personally 
supervises industrial radiographic operations and 
who is responsible to the licensee or registrant for 
assuring compliance with the requirements of these 
Regulat i on s Rules and all license conditions. 

(b) "Radiographer's assistant" means any indi- 
vidual who. under the personal supervision of a 
radiographer, uses sources of radiation, related 
handling tools, or survey instruments in industrial 
radiography. 

(c) "Radiographic exposure device" means any 
instrument containing a sealed source fastened or 
contained therein, in which the sealed source or 
shielding thereof may be moved, or otherwise 
changed, from a shielded to unshielded position for 
purposes of making a radiographic exposure. 

(d) "Industrial radiography" means the examina- 
tion of materials by nondestructive methods utiliz- 
ing sources of radiation. 

(e) "Storage container" means a device in which 
sealed sources are transported or stored. 

(f) "Cabinet radiography using radiation ma- 
chines" means industrial radiography using radia- 
tion machines, which is conducted in an enclosed, 
interlocked cabinet, such that the radiation machine 
will not operate unless all openings are securely 
closed, and which cabinet is so shielded that every 
location on the exterior meets conditions for an 
unrestricted area as specified in Rule .0 4 06 .1611 
of this Chapter. 

(g) "Shielded room radiography using radiation 
machines" means industrial radiography using 
radiation machines, which is conducted in an 
enclosed room, the interior of which is not occu- 
pied during radiographic operations, which is so 
shielded that every location on the exterior meets 
conditions for an unrestricted area as specified in 
Rule .0 4 06 . 161 1 of this Chapter, and the only 
access to which is through openings which are 
interlocked so that the radiation machine will not 
operate unless all openings are securely closed. 

(h) "Sealed source" means any radioactive 
material that is encased in a capsule designed to 
prevent leakage or escape of the radioactive mate- 
rial. 



I 



♦ 



« 



1932 



7: IS 



SORTH CAROLIXA REGISTER 



December 15, 1992 



PROPOSED RULES 



(i) Storage container" means a device in which 
sealed sources are transported or stored. 

(j) "Source changer" means a device designed 
and used for replacement of sealed sources in 
radiographic exposure devices, including those also 
used for transporting and storage of sealed sourc- 
es. 

(k) "Permanent radiographic installation" means 
a shielded installation or structure designed or 
intended for radiography and in which radiography 
is regularly performed. 

(1) "Storage area" means any location, facility or 
vehicle which is used to store, transport or secure 
a radiographic exposure device, a storage container 
or a sealed source when it is not in use and which 
is locked or has a physical barrier to prevent 
accidental exposure, tampering with or unautho- 
rized removal of the device, container or source. 



(6) transportation to field locations, including 
packing of sources of radiation in the 
vehicles, posting of vehicles, and control 
of sources of radiation during transporta- 
tion; 

(7) minimizing exposure of individuals in the 
event of an accident; 

(8) the procedure for notifying proper per- 
sonnel in the event of an accident; 

(9) maintenance of records; 

(10) the inspection and maintenance of radio- 
graphic exposure devices and storage 
containers; and 

(11) steps must be taken immediately by 
radiography personnel in the event a 
pocket dosimeter is found to be off scale. 

Statutory Authority G.S. 104E-7. 



Statutory Authority- G.S. 104E-7. 

.0506 SURVEY INSTRUMENTS 

(a) The licensee or registrant shall maintain 
sufficient calibrated and operable radiation survey 
instruments to make physical radiation surveys as 
required by this Rule and Rules .0 4 09 . 1613 and 
.0 4 15(c) and (e) .1627 of this Chapter. 

(b) Each radiation survey instrument shall be 
calibrated at intervals not to exceed three months 
and after each instrument servicing and a record 
maintained of the latest date of calibration. 

(c) Instrumentation required by this Rule shall 
have a range such that two milliroentgens per hour 
through one roentgen per hour can be measured. 

Statutory Authority G.S. 104E-7: 104E-1 2(a)(1). 

.0513 OPERATING AND EMERGENCY 
PROCEDURES 

The licensee's or registrant's operating and 
emergency procedures shall include instructions in 
at least the following: 

( 1 ) the handling and use of sources of radia- 
tion to be employed such that no individ- 
ual is likely to be exposed to radiation 
doses in excess of the limits established 
in Rule ^403 .1604 of this Chapter; 

(2) methods and occasions for conducting 
radiation surveys; 

(3) methods for controlling access to radio- 
graphic areas; 

(4) methods and occasions for locking and 
securing sources of radiation; 

(5) personnel monitoring and the use of 
personnel monitoring equipment; 



.0514 SECURITY 

During each radiographic operation the radiogra- 
pher or radiographer's assistant shall maintain a 
direct surveillance of the operation to protect 
against unauthorized entry into a high radiation 
area, as defined in Rule .0 4 1 1(c) .0104 of this 
Chapter, except where the high radiation area: 

(1) is equipped with a control device or an 
alarm system as described in Rule 
.0 4 11(c) .1615 of this Chapter, or 

(2) is locked to protect against unauthorized 
or accidental entry. 

Statutory Authority G.S. 104E-7. 

.0516 POSTING 

Notwithstanding any provisions in Rule .0 4 12 
. 1625 of this Chapter, areas in which radiography 
is being performed shall be conspicuously posted 
as required by Rule .0 4 11(b) and (c)(1) .1624 of 
this Chapter. 

Statutory Authority G.S. 104E-7. 

.0520 PERMANENT RADIOGRAPHIC 
INSTALLATIONS 

(a) Permanent radiographic installations having 
high radiation area entrance controls of the types 
described in Subparagraphs (c)(2)(B). (c)(2)(C), 
and (c)( 4 ) (a)( 1 ), (2) and (3) of Rule t04++ .1615 
of this Chapter shall also meet the following 
special requirements: 

( 1 ) Each entrance that is used for personnel 
access to the high radiation area in a 
permanent radiographic installation to 
which this Section applies shall have 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1933 



IlilhUH I Willi II 



PROPOSED RULES 



both visible and audible warning signals 
to warn of the presence of radiation. 

(2) The visible signal shall be actuated by 
radiation whenever the source is ex- 
posed. 

(3) The audible signal shall be actuated 
when an attempt is made to enter the 
installation while the source is exposed. 

(b) The alarm system shall be tested at intervals 
not to exceed three months or prior to the first use 
thereafter of the source in the installation. Re- 
cords of the tests shall be kept for two years by 
the licensee. 

Statutory Authority G.S. 104E-7; 104E-12(a)(l). 

SECTION .0600 - X-RAYS LN THE 
HEALING ARTS 

.0601 PURPOSE AND SCOPE 

This Section establishes requirements for use of 
x-ray equipment by or under the supervision of an 
individual authorized by and licensed in accor- 
dance with state statutes to engage in the healing 
arts or veterinary medicine. The provisions of this 
Section are in addition to. and not in substitution 
for. the provisions of Sections .0100. .0200. 
.0 4 00. .0900, and . 1000, and .1600 of this Chap- 
ter. 

Statutory Authority G.S. 104E-7. 

.0603 GENERAL REQUIREMENTS 

(a) Administrative controls 
( 1 ) The registrant shall be responsible for 
directing the operation of the x-ray 
machines which he has registered with 
the agency. He or his agent shall 
assure that the following provisions are 
met in the operation of the x-ray ma- 
chine^): 

(A) An x-ray machine which does not 
meet the provisions of these Rogula 
tion s Rules shall not be operated for 
diagnostic or therapeutic purposes, if 
so ordered by the agency in accor- 
dance with Rttk Rules .0109 and 
.0110 of this Chapter. 

(B) Individuals who will be operating the 
x-ray equipment should be adequately 
instructed in the safe operating proce- 
dures and should be competent in the 
safe use of the equipment. 

(C) In the vicinity of each diagnostic 
x-ray system's control panel, a chart 



shall be provided, which specifies for 
all usual examinations and associated 
projections which are performed by 
that system, a listing of information 
including patient's anatomical size 
versus technique factors to be utilized 
at a given source to image receptor 
distance. The chart should also pro- 
vide: 
(i) type and size of the film or 

film-screen combination to be 

used, 
(ii) type and ratio of grid to be used, 

if any. and focal spot to film 

distance, 
(iii) type and placement of gonad 

shielding to be used. 

(D) Written safety procedures and rules 
shall be established and made avail- 
able to each individual operating x-ray 
equipment under his control. The 
operator shall be familiar with these 
rules. 

(E) Only the professional staff and ancil- 
lary personnel required for the medi- 
cal procedure or for training shall be 
in the room during the radiographic 
exposure. Other than the patient 
being examined: 

(i) All individuals shall be positioned 
such that no part of the body 
including the extremities which is 
not protected by 0.5 mm lead 
equivalent will be exposed to the 
useful beam. 

(ii) Professional staff and ancillary 
personnel shall be protected from 
the direct scatter radiation by 
protective aprons or whole body 
protective barriers of not less than 
0.25 mm lead equivalent. 

(iii) Patients who cannot be removed 
from the room shall be protected 
from the direct scatter radiation 
by whole body protective barriers 
of 0.25 mm lead equivalent or 
shall be so positioned that the 
nearest portion of the body is at 
least six feet from both the tube 
head and the nearest edge of the 
image receptor. 

(iv) When a portion of the body of a 
non- occupationally exposed 
professional staff or ancillary 
personnel is potentially subjected 



I 



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1934 



7: IS 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



to stray radiation which would 
result in that individual receiving 
one-fourth of the maximum per- 
missible dose as defined in Rule 
.0 4 02(a) .1604 of this Chapter, 
additional protective measures 
shall be employed, 
(v) Upon application to the agency 
with adequate justification, excep- 
tions from Subparagraph s 
Subparts (a)( 1 )(E)(ii) and 
(a)(l)(E)(iii) of this Rule may be 
allowed. 

(F) Gonad shielding of not less than 0.5 
mm lead equivalent shall be used for 
potentially procreative patients during 
radiographic procedures in which the 
gonads are in the direct, or useful 
beam, except for cases in which this 
would interfere with the diagnostic 
procedures. 

(G) Individuals shall not be exposed to the 
useful beam except for healing arts 
purposes. Such exposures shall have 
been authorized by a licensed practi- 
tioner of the healing arts. This provi- 
sion specifically prohibits deliberate 
exposure of an individual for training, 
demonstration or other nonhealing 
arts purposes. 

(H) When a patient or film must be pro- 
vided with auxiliary support during a 
radiographic exposure: 
(i) Mechanical holding devices shall 
be used whenever medical circum- 
stances permit. Written safety 
procedures, as required in Su&- 
paragraph Part (a)(1)(D) of this 
Rule shall indicate the require- 
ments for selecting a holder; 
(ii) If a human holder is required, 
written safety procedures as re- 
quired in Subparagraph Part 
(a)(1)(D) of this Rule, shall indi- 
cate the instructions provided to 
the holder; 
(iii) The human holder shall be pro- 
tected as required in Subpara 
graph Part (a)(1)(E) of this Rule; 
(iv) No individual shall be used rou- 
tinely to hold patients or film. 
(I) Procedures and auxiliary equipment 
designed to minimize patient and 
personnel exposure commensurate 
with the needed diagnostic informa- 



tion shall be utilized. This includes, 
but is not limited to, the following 
requirements: 
(i) The speed of film or screen and 
film combinations should be the 
fastest speed consistent with the 
diagnostic objective of the exami- 
nations, 
(ii) The radiation exposure to the 
patient shall be the minimum 
exposure required to produce 
images of good diagnostic quality, 
(iii) Portable or mobile equipment 
shall be used only for examina- 
tions where it is impractical for 
medical reasons to transfer the 
patient to a stationary radiograph- 
ic installation. 
(J) All persons who are associated with 
the operation of an x-ray system are 
subject to the occupational exposure 
limits as defined in Rules .0 4 02 . 1 604 
and .0 4 03 . 1638 , and personnel moni- 
toring procedures in Rule .0 4 10 .1614 
of this Chapter. In addition, when 
protective clothing or equipment is 
worn on portions of the body and a 
monitoring device(s) is required, at 
least one such monitoring device shall 
be utilized as follows: 
(i) When an apron is worn the moni- 
toring device shall be worn at the 
collar outside the apron, 
(ii) The dose to the whole body shall 
be recorded in the reports re- 
quired in Rule v©443 .1640 of this 
Chapter. If more than one device 
is used, each dose shall be identi- 
fied with the area where the de- 
vice was worn on the body. 
(2) The registrant shall maintain at least the 
following information for each x-ray 
machine: 
current registration information and 
other correspondence with the agency 
regarding that machine; 
records of surveys and calibrations; 
records of maintenance or modifica- 
tions which affect the useful beam 
after the effective date of these Regu 
lation s Rules , along with the names of 
persons who performed the service, 
(b) Plans Review. Prior to construction or 
structural modification, the floor plans and equip- 
ment arrangement of all installations utilizing 



(A) 



(B) 
(C) 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1935 



ggt e cB ftftf 



I M«AJIJm^ Bl gl W l l *j»U.rta 



II I I ll'IH II I II ii II I I I I 



PROPOSED RULES 



x-rays for diagnostic or therapeutic purposes shall 
be reviewed by a qualified expert. The registrant 
shall submit recommendations of the expert to the 
agency, 
(c) Radiation Survey 

(1) For installations of x-ray equipment 
after the effective date of this Rule, an 
area radiation survey shall be per- 
formed within 30 days following initial 
operation of each radiation machine to 
show compliance with Rule .0604(b) of 
this Section. This survey shall include: 

(A) a drawing of the room in which a 
stationary x-ray system is located and 
radiation levels in adjacent areas; and 

(B) the name of the person approved by 
the agency performing the survey and 
the date the survey was performed. 

(2) Any modification to the x-ray room or 
adjacent areas which could increase the 
radiation dosage to any individual shall 
require a new survey. 

(3) Records of this survey shall be main- 
tained in accordance with Subparagraph 
(a)(2) Rule .0603(a)(2) of this Section 
Rule . 

Statutory Authority G.S. 104E-7; 104E- 12(a). 



.0604 GENERAL REQUIREMENTS FOR ALL DIAGNOSTIC SYSTEMS 

(a) In addition to other requirements of this Section, all diagnostic x-ray systems shall meet the following 
requirements: 

( 1 ) The control panel containing the main power switch shall bear the warning statement, legible and 
accessible to view: "WARNING: This x-ray unit may be dangerous to patient and operator unless 
safe exposure factors and operation instructions are observed." 

(2) Equivalent wording may be used on battery-powered generators, visual means shall be provided 
on the control panel to indicate whether the battery is in a state of charge adequate for proper 
operation. 

(3) The leakage radiation from the diagnostic source assembly measured at a distance of one meter in 
any direction from the source shall not exceed 100 millirem in one hour when the x-ray tube is 
operated at its leakage technique factors. Compliance shall be determined by measurements 
averaged over an area of 100 square centimeters with no linear dimension greater than 20 
centimeters. 

(4) The radiation emitted by a component other than the diagnostic source assembly shall not exceed 
two millirem in one hour at five centimeters from any accessible surface of the component when 
it is operated in an assembled x-ray system under any conditions for which it was designed. 
Compliance shall be determined by measurements averaged over an area of 100 square centimeters 
with no linear dimension greater than 20 centimeters. 

(5) Beam Quality 

(A) Half- Value Layer 

(i) The half-value layer (HVL) of the useful beam for a given x-ray tube potential shall not be 
less than the appropriate value shown in the following table. "Specified Dental System" is 
any dental x-ray system designed for use with intraoral image receptors and manufactured 
after December 1. 1980. "Other X-Ray Systems" shall be all other x-ray systems subject to 



1936 7:18 NORTH CAROLINA REGISTER December 15, 1992 



t 



% 



# 



PROPOSED RULES 



this Section. 



X-Ray Tube Voltage 

(millimeters 

of Aluminum) 



(kilovolt peak) 


Minimum HVL 


Minimum HVL 


(millimeters 






of Aluminum) 






Specified 


Other 




Operating 


Dental 


X-ray 


Potential 


Systems 


Systems 


30 


1.5 


0.3 


40 


1.5 


0.4 


49 


1.50.5 




50 


1.5 


1.2 


60 


1.5 


1.2 


70 


1.5 


1.5 


71 


2.1 


2.1 


80 


2.3 


2.3 


90 


2.5 


2.5 


100 


2.7 


2.7 


110 


3.0 


3.0 


120 


3.2 


3.2 


130 


3.5 


3.5 


140 


3.8 


3.8 


150 


4.1 


4.1 



Measured 

Designed operating 
range 

Below 50 



50 to 70- 



Above 70- 



(ii) 



If it is necessary to determine such half-value layer at an x-ray tube potential which is not 
listed in the table, linear interpolation or extrapolation may be made. Positive means shall 
be provided to insure that at least the minimum filtration needed to achieve the above beam 
quality requirements is in the useful beam during each exposure. 

The requirements of Subparagraph Subpart (a)(5)(A)(i) of this Rule shall be considered to be 
met if it can be demonstrated that the aluminum equivalent of the total filtration in the 
primary beam is not less than that shown in the following table: 



Filtration Required versus Operating Voltage 



Operating Voltage (kVp) 



Minimum total filtration 

(inherent plus added) 

(millimeters aluminum 

equivalent) 



Below 50 
50 - 70 
Above 70 



0.5 millimeters 
1 .5 millimeters 
2.5 millimeters 



(iii) Notwithstanding the requirements of Subparagraph Subpart (a)(5)(A)(ii) of this Rule, all 
intraoral dental systems manufacutred manufactured after December 1. 1980, shall have a 
minimum of 1 .5 mm aluminum equivalent filtration permanently installed in the useful beam. 

(iv) Beryllium window tubes shall have a minimum of 0.5 mm aluminum equivalent filtration 
permanently mounted in the useful beam. 

(v) For capacitor energy storage equipment, compliance shall be determined with the maximum 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1937 



nuMJUutms 



PROPOSED RULES 



quanity of charge per exposure. 

(vi) The required minimum aluminum equivalent filtration shall include the filtration contributed 

by all materials which are always present between the focal spot of the tube and the patient, 

such as a tabletop when the tube is mounted under the table and inherent filtration of the tube. 

(B) For x-ray systems installed after the effective date of these Regulations Rules and which have 

variable kVp and selectable filtration for the useful beam, a device should link the kVp selector 

with the filter(s). so that the minimum filtration is always present for the kVp selected. 

(6) Where two or more radiographic tubes are controlled by one exposure switch, the tube or tubes 
which have been selected and their location shall be clearly indicated on the master control panel 
prior to initiation of the exposure. 

(7) The tube housing assembly supports shall be adjusted such that the tube housing assembly will 
remain stable during an exposure unless the tube housing movement is a design function of the 
x-ray system. 

(8) The location of the focal spot should be indicated on a readily visible area of the x-ray source 
housing in the plane parallel to the image receptor when the image receptor is perpendicular to the 
beam axis. 

(9) Technique Indicators 

(A) The technique factors to be used during an exposure should be indicated before the exposure 
begins, except when automatic exposure controls are used, in which case the technique factors 
which are set prior to the exposure should be indicated. 

(B) Indication of technique factors should be visible from the operator's position except in the case 
of spot films made by the fluoroscopist. 

(C) On equipment having fixed technique factors, the recommendation in Subparagraph Part (a)(9)(A) 
of this Rule may be met by permanent markings. 

(b) Structural Shielding 

(1) For stationary diagnostic systems, except for intraoral dental systems which shall meet the 
requirements of Rule ,0607(j) of this Section, structural shielding shall be provided to assure 
compliance with Rules .0 4 02 . 1 604 and .0 4 06 .1611 of this Chapter. The following shall be 
provided: 

(A) All wall, floor and ceiling areas exposed to the useful beam shall have primary barriers. Primary 
barriers in walls shall extend to a minimum height of 84 inches above the floor; 

(B) Secondary barriers in the wall, floor and ceiling areas not having a primary barrier or where the 
primary barrier requirements are lower than the secondary barrier requirements; and 

(C) A window of lead-equivalent glass equal to that required by the adjacent barrier or a mirror 
system shall be provided large enough and so placed that the operator can see the patient without 
having to leave the protected area during exposures. 

(2) When a mobile system is used routinely in one location, the structural shielding in that location 
shall meet the requirements for stationary diagnostic systems in Subparagraph (b)(1) of this Rule. 



I 



I 



Statutory Authority G.S. 104E-7. 

.0607 INTRAORAL DENTAL 

R\DIOGRAPHIC SYSTEMS 

(a) In addition to the provisions of Rule .0603 
and .0605 of this Section, the requirements of this 
Rule apply to x-ray equipment and associated 
facilities used for dental radiography. Criteria for 
extraoral dental radiographic systems are covered 
in Rule .0606 of this Section. 

(b) X-ray systems designed for use with an 
intraoral image receptor shall be provided with 
means to limit source-skin distance to not less 
than: 

(1) 18 centimeters, if operated above 50 

kilovolts peak; or 



(2) ten centimeters, if operated at or below 
50 kilovolts peak, 
(c) The size of the direct radiation beam shall be 
limited in accordance with the following Rules 
rules : 

( 1 ) Radiographic systems designed for use 
with an intraoral image receptor shall 
be provided with means to limit the 
x-ray beam such that: 

(A) If the source-skin distance (SSD) is 18 
centimeters or more, the x-ray field at 
the SSD shall be containable in a 
circle having a diameter of no more 
than seven centimeters; and 

(B) If the SSD is less than 18 centimeters. 



I 



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7:18 



XORTH CAROLIXA REGISTER 



December 15, 1992 



PROPOSED RULES 



the x-ray field at the SSD shall be 
containable in a circle having a diam- 
eter of no more than six centimeters. 
(2) Effective February 1, 1981. equipment 
manufactured prior to August 1974 
shall be equipped with a lead line open 
position indicating device with at least 
0.79 mm lead. 

(d) The timing device shall comply with the 
following requirements: 

(1) Termination of the exposure after a 
preset interval; 

(2) Termination of exposure shall cause 
automatic resetting of the timer to its 
initial setting or to zero; 

(3) It shall not be possible to make an 
exposure when the timer is set to a zero 
or "off" position if either position is 
provided; and 

(4) When four timer tests are performed at 
identical timer settings equal to five 
seconds or less, the average time period 
(T) shall be greater than five times the 
difference between the maximum period 
(T max ) and the minimum period (T,^) in 
accordance with the formula: 

T > 5(T - T ) 

1 ^\ l max * mm' 

(5) Effective February 1, 1983, intraoral 
dental radiographic systems shall be 
equipped with an electronic timer. 

(6) Timer accuracy 

(A) For indicated values of 0.10 seconds 
and above, the measured value shall 
be within plus or minus 15 percent of 
the indicated values for equipment 
manufactured before August 1, 1974. 

(B) For equipment manufactured after 
August 1, 1974, the deviation of 
measured values from indicated values 
shall not exceed the limits specified 
for that system by its manufacturer. 

(e) The exposure switch shall comply with the 
following requirements: 

( 1 ) A control shall be incorporated into 
each x-ray system such that an exposure 
can be terminated at any time, except 
for exposures of one-half second or 
less. 

(2) Each x-ray control shall be located in 
such a way as to meet the following 
criteria: 

(A) For stationary x-ray systems installed 
after the effective date of this Rule, 



the exposure switch shall be perma- 
nently mounted in a protected area 
(e.g., corridor outside the room) so 
that the operator is required to remain 
in that protected area during the entire 
exposure. 

(B) For stationary x-ray systems without 
a protected area and installed before 
the effective date of this Rule, the 
exposure switch shall be such that the 
operator shall stand at least six feet 
away from the tube and out of the 
direct beam. 

(C) For mobile and portable x-ray systems 
the switch shall meet the requirements 
of Subparagraph Part (e)(2)(B) of this 
Rule. 

(3) For equipment manufactured after 
August 1. 1974, the x-ray control shall 
provide visual indication observable at 
or from the operator's protected posi- 
tion whenever x-rays are produced. In 
addition, a signal audible to the opera- 
tor shall indicate that the exposure has 
terminated. 

(f) The exposure produced shall be reproducible 
to within the following criteria: 

When all technique factors are held con- 
stant, the coefficient of variation shall not 
exceed 0.10. This shall be deemed to be 
met if, when four exposures at identical 
technique factors are made, the value of 
the average exposure (E) is greater than 
five times the difference between the 
maximum exposure (E mil J and the mini- 
mum exposure (E inm ) in accordance with 
the formula: 

E > 5(E - E ) 

(g) Patient and film holding devices should be 
used when the techniques permit. 

(h) Neither the tube housing nor the position 
indicating device shall be hand-held during an 
exposure. 

(i) Dental fluoroscopy without image intensifica- 
tion shall not be used. 

(j) Structural shielding 

(1) All wall, floor and ceiling areas shall 
have protective barriers sufficient to 
meet the requirements of Rules .0 4 02 
.1604 and t£406 .1611 of this Chapter. 

(2) When intraoral x-ray systems are in- 
stalled in adjacent rooms or areas, 
protective barriers as specified' in Sub- 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1939 



mxnaBB 



PROPOSED RULES 



paragraph (j)(l) of this Rule shall be 
provided between the rooms or areas. 

Statutory Authority G.S. I04E-7. 

.0608 THERAPEUTIC X-RAY 

INSTALLATIONS: LESS THAN ONE 
MeV 

(a) Unless specifically provided otherwise by the 
Rule s rules in this Chapter, the requirements in 
this Rule shall apply only to therapeutic x-ray 
installations which are not capable of operating at 
or above one MeV. Therapeutic x-ray equipment 
subject to the provisions of this Rule shall comply 
with the following requirements: 

( 1 ) When the tube is operated at its leakage 
technique factors, the leakage radiation 
in any direction shall not exceed the 
value specified at the distance specified 
for the classification of that x-ray sys- 
tem. 

(A) For contact therapy systems, the 
leakage radiation shall not exceed 100 
mR.'hr at five centimeters from the 
tube housing. 

(B) Systems operating from zero to 150 
kVp which are manufactured or in- 
stalled prior to the effective date of 
this Rule shall have a leakage radia- 
tion which does not exceed one R in 
one hour at one meter from the 
source. 

(C) Systems operating from zero to 150 
kVp which are manufactured on or 
after the effective date of this Rule 
shall have a leakage radiation which 
does not exceed 100 mR in one hour 
at one meter from the source. 

(D) Systems operating from 151 to 999 
kVp shall have leakage radiation 
which does not exceed one R in one 
hour at one meter from the source, 
except systems which operate in 
excess of 500 kVp may have a leak- 
age radiation in one hour at one meter 
from the source equivalent to 0.1 
percent of the exposure in the useful 
beam in one hour at a distance of one 
meter from the source. 

(2) Permanent beam limiting devices used 
for collimating the useful beam shall 
provide the same or higher degree of 
protection as that required bv the tube 
housing assembly. 

(3) Adjustable or removable beam limiting 



devices shall transmit not more than 
five percent of the useful beam as 
determined at the maximum tube poten- 
tial and maximum treatment filter. 

(4) The filter system shall be so designed 
that: 

(A) Filters cannot be accidentally dis- 
placed from the useful beam at any 
tube orientation; 

(B) Each filter is marked as to its material 
of construction and its thickness or 
wedge angle for wedges; 

(C) It shall be possible for the operator to 
determine the presence of and identifv 
each filter and the orientation of each 
wedge filter in the useful beam when 
the operator is positioned at the con- 
trol panel either by display at the 
control panel or by direct observation: 

(D) The filters and filter insertion slot 
opening shall be so designed that the 
radiation at five centimeters from the 
filter insertion slot opening does not 
exceed 30 roentgens per hour under 
all operating conditions: and 

(E) Each machine equipped with a berylli- 
um or other low filtration window 
shall be clearly labeled as such upon 
the tube head housing and upon the 
control panel. 

(5) The tube housing assembly shall be 
immobilized during stationary treat- 
ments. 

(6) The tube housing assembly shall be so 
marked that it is possible to determine 
the location of the focal spot to within 
five millimeters and such marking shall 
be readily accessible. 

(7) Equipment of greater than 150 kVp 
installed after the effective date of this 
Rule shall be provided with a beam 
monitor system. 

(8) The exposure timer shall meet the 
following requirements: 

(A) A timer shall be provided which has 
a display at the treatment control 
panel. The timer shall have a preset 
time selector and shall terminate 
irradiation when a preselected time 
has elapsed. 

(B) The timer shall switch on and off with 
the radiation and retain its reading 
after irradiation is interrupted or 
terminated. 

(9) The control panel shall have: 



I 



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1940 



7:18 



XORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



(A) an indication of whether electrical 
power is present and activation of the 
x-ray tube is possible; 

(B) an indication of whether x-rays are 
being produced; 

(C) the means for indicating kVp and 
x-ray tube current; 

(D) the means for terminating an exposure 
at any time; 

(E) a locking device which will prevent 
unauthorized use of the x-ray system 
and, for systems not having a lock at 
the control panel, an alternate method 
of preventing unauthorized use, shall 
be provided; 

(F) for equipment manufactured after the 
effective date of this Rule, a positive 
display of specific filter(s) in the 
beam . 

(10) When a control panel may energize 
more than one x-ray tube: 

(A) It shall be possible to activate only 
one x-ray tube during any one time 
interval; 

(B) There shall be an indication at the 
control pane] identifying which x-ray 
tube can be energized; and 

(C) There shall be an indication at the 
x-ray tube if that tubehead can be 
energized. 

(11) There shall be means of determining the 
target to patient distance to within one 
centimeter. 

(12) If exposures are controlled by a timer, 
that timer: 

(A) shall permit the setting of exposure 
times at least as short as one second, 
and 

(B) shall not permit an exposure if set at 
zero or "off". 

(13) Unless it is possible to bring the x-ray 
exposure rate to its prescribed value 
within five seconds of actuating the 
x-ray "on" control, the tube housing 
shall be fitted with a shutter operable 
only from the control panel, and of lead 
equivalent not less than that of the tube 
housing. In addition: 

(A) the The status of the shutter "Beam 
On", "Beam Off" or "Shutter Open", 
"Shutter Closed" or equivalent de- 
scription, shall be indicated at the 
control panel. 

(B) It shall not be possible to initiate an 
exposure sequence unless the shutter 



has first been placed in the "Beam 
Off" or "Shutter Closed" position. 
(C) The shutter shall automatically go to 
the "Beam Off" or "Shutter Closed" 
position if the exposure is terminated 
by: 
(i) the operation of the timer, 
(ii) the dose monitoring system, if 

provided, 
(iii) the operation of a safety interlock, 

or 
(iv) a power failure. 

(b) In addition to shielding adequate to meet 
requirements of Section .0 4 00 . 1600 of this Chap- 
ter, the following treatment room design require- 
ments shall be met: 

(1) Treatment room entrances shall be 
provided with warning lights in a readi- 
ly observable position, which will 
indicate when the useful beam is "on". 

(2) Provision shall be made for two-way 
communication with the patient from 
the control room. 

(3) A system shall be provided to permit 
continuous observation of the patient 
during irradiation and shall be so locat- 
ed that the operator may see the patient 
and the control panel from the same 
position. 

(4) Facilities which contain an x-ray system 
which may be operated above 150 kVp 
shall: 

(A) have all necessary shielding, except 
for any beam interceptor, provided by 
fixed barriers; 

(B) have the control panel in a protected 
area which is outside the treatment 
room; 

(C) have all entrance doors to the treat- 
ment room electrically connected such 
that the x-ray production cannot be 
initiated unless all doors are closed 
and shall cease if any door is opened 
during x-ray production; 

(D) if the radiation output of the x-ray 
tube is affected by any door opening, 
be so designed that it is possible to 
initiate x-ray production only by: 

(i) closing all doors and, subsequent- 

(ii) reinitiating the exposure by manu- 
al action at the control panel. 

(c) Operating procedures, surveys, and calibra- 
tion shall comply with the following requirements: 

(1) All new facilities and existing facilities 



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1941 



PROPOSED RULES 



not previously surveyed shall have a 
radiation protection survey made by. or 
under the direction of. a qualified ex- 
pert. This shall also be done after any 
change in the facility which might 
produce a radiation hazard. The expert 
shall report his findings in writing to 
the person in charge of the facility, and 
a copy of this report shall be transmit- 
ted by the registrant to the agency at 
the address in Rule .0111 of this Chap- 
ter. 

(2) The radiation output of each therapeutic 
x-ray machine shall be calibrated by. or 
under the direction of a qualified expert 
who is physically present at the facility 
during the calibration procedure. The 
calibration shall be repeated after any 
change, in or replacement of. compo- 
nents of the x-ray generating equipment 
which could cause a change in x-ray 
output. Calibration of the therapy 
beam shall be performed with a mea- 
surement instrument, the calibration of 
which is traceable to national standards 
for exposure or absorbed dose, and 
which shall have been calibrated within 
the preceding 12 months. Records of 
radiation outputs shall be provided to 
and maintained by the registrant. 

(3) Each therapeutic x-ray machine shall be 
calibrated as described in Subparagraph 
(o(2) of this Rule at time intervals not 
exceeding one year. The calibration 
shall include at least the following 
determinations: 

(A) the accurate determination of the air 
exposure rate or the dose rate at a 
reference point within a suitable 
phantom, as appropriate; 

(B) the congruence between the radiation 
field and light localizer, when such is 
used; 

(Ci the half- value layer for every combi- 
nation of kVp and filter used for 
radiation therapy. 

(4) Therapeutic x-ray systems capable of 
operation at greater than 150 kVp. in 
addition to the annual calibration re- 
quired in Subparagraphs (c)(2) and (3) 
of this Rule, shall have spot checks 
performed. 

i A) The spot check methods and frequen- 
cy shall be designed and in writing by 
a qualified expert. Spot checks shall 



include verification of continued 
congruency between the radiation 
field and the localizing device where 
an optical field illuminator is used. 

(Bi Whenever a spot check indicates a 
significant change in the operating 
characteristics of a machine, as speci- 
fied in the qualified expert's spot 
check design, the machine shall be 
recalibrated as required. 

(C) A log shall be kept of all spot check 
measurements. 

(5) Therapeutic x-ray machines shall not be 
left unattended unless the locking de- 
vice required by Subparagraph Part 
(an 10)(E) of this Rule is set to prevent 
activation of the useful beam. 

(6) Except as provided in Rule 
.0603(a)(1)(H) of this Section, no indi- 
vidual other than the patient shall be in 
the treatment room during exposures 
unless he is protected by a barrier 
sufficient to meet the requirements of 
Rule 7^403 .1604 of this Chapter, and 
no individual other than the patient 
shall be in the treatment room when the 
kVp exceeds 150 during exposures. 

(7) The tube housing assembly shall not be 
held by hand during operation unless 
the system is designed to require such 
holding and the peak tube potential of 
the system does not exceed 50 kVp. In 
such cases the holder shall wear protec- 
tive gloves and apron of not less than 
0.5 mm lead equivalency at 100 kVp. 

Statutory Authority G.S. 104E-7; W4E-12(a). 

.0609 X-RAY AND ELECTRON THERAPY 
INSTALLATIONS ONE MeV .AND 
ABOVE 

(a) The requirements in Paragraphs (b) to (e) of 
this Rule shall apply only to medical facilities 
using medical x-ray and electron therapy equip- 
ment with energies one MeV and above. In 
addition, such medical facilities shall also comply 
with the requirements in Section .1200 of this 
Chapter. 

(b) Equipment requirements are as follows: 

( 1 ) For existing equipment and new equip- 
ment manufactured or installed after the 
effective date of these Regulations - 
Rules : 
(A) The leakage radiation, excluding 
neutrons, at a distance of one meter 



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from the source shall not exceed 0. 1 
percent of the useful beam dose rate 
at one meter from the source for any 
of its operating conditions. 

(B) Within one year after the effective 
date of these Regulation s Rules the 
registrant shall determine or obtain 
from the manufacturer for each ma- 
chine the leakage radiation specifica- 
tions for electrons, x-rays and neu- 
trons existing at the points specified 
in Subparagraph Part (b)(1)(A) of this 
Rule for specified operating condi- 
tions. Records on radiation leakage 
shall be maintained at the installation. 

(C) For equipment from which neutron 
leakage may be a hazard, a qualified 
expert shall specify such additional 
requirements as may be necessary to 
protect health or minimize danger to 
life or property. The adequacy of 
these additional requirements shall be 
confirmed by a survey. Survey re- 
cords shall be maintained by the 
registrant. 

(2) Adjustable or interchangeable beam 
limiting devices shall be provided and 
shall meet the following requirements: 

(A) For exisitng equipment and new 
equipment manufactured or installed 
after the effective date of these Rcgu 
lations Rules : 

(i) Adjustable or interchangeable 
beam limiting devices shall 
attentuate the radiation incident on 
the beam limiting devices such 
that the dose equivalent in rems at 
any distance from the source does 
not exceed two percent of the 
maximum dose equivalent in the 
useful beam measured at an equal 
distance from the radiation 
source. 

(ii) If the beam limiting device does 
not meet the specifications in 
Subparagraph Subpart (b)(2)(A)(i) 
of this Rule, the agency may 
accept auxiliary equipment or 
methods for accomplishing attenu- 
ation. 

(B) Dose equivalent measurements may 
be averaged over an area up to but 
not exceeding 100 square centimeters 
at a distance of one meter from the 
target. 



(3) In equipment which uses a system of 
wedge filters, interchangeable field 
flattening filters or beam scattering 
devices: 

(A) Irradiation shall not be possible until 
a selection of filter has been made at 
the treatment control panel; 

(Bj An interlock system shall be provided 
to prevent irradiation if the filter is 
not in the correct position; 

(C) An indication of the orientation of the 
wedge filter with respect to the treat- 
ment field shall be provided when 
wedge filters are used; and 

(D) A display shall be provided at the 
treatment control panel showing the 
filter(s) in use, including an indication 
of "no filters". 

(4) Equipment installed after the effective 
date of these Regulation s Rules shall be 
provided with at least one radiation 
detector in the radiation head. This 
detector shall be incorporated into a 
primary system. 

(A) Each primary system shall have a 
detector which is a transmission de- 
tector and is a full beam detector and 
is placed on the patient side of any 
fixed added filters other than a wedge 
filter; 

(B) The detector(s) shall be removable 
only with tools or shall be interlocked 
to prevent incorrect positioning. 

(C) Each detector shall be capable of 
independently monitoring and turning 
"off" the useful beam. 

(D) Each detector shall form part of a 
dose monitoring system from whose 
readings in dose monitor units the 
absorbed dose at a reference point in 
the treatment volume can be calculat- 
ed. 

(E) Each dose monitoring system shall 
have a legible display at the treatment 
control panel which shall: 

(i) maintain a reading until intention- 
ally reset; 

(ii) in the event of power failure, 
have the capability of retrieving 
the information displayed at the 
time of failure. 

(5) Selection and display of dose monitor 
units shall comply with the following 
requirements: 

(A) Irradiation shall not be possible until 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1943 



PROPOSED RULES 



a selection of a number of dose moni- 
tor units has been made at the treat- 
ment control panel. 

(B) After useful beam termination, it shall 
be necessary to reset the preselected 
dose monitor units before treatment 
can be reintiated. 

(C) The preselected number of dose moni- 
tor units shall be displayed at the 
treatment control panel until reset for 
the next irradiation. 

(6) Automatic termination of irradiation by 
the dose monitoring system shall com- 
ply with the following requirements: 

(A) Each of the monitoring systems 
shall be capable of independently 
terminating irradiation. Provi- 
sions shall be made to test the 
correct operation of each system. 

(B) Each primary system shall termi- 
nate irradiation when the prese- 
lected number of dose monitor 
units have been reached, and each 
secondary system shall be used as 
a backup. 

(7) It shall be possible to terminate irradia- 
tion and equipment movements or to go 
from an interruption condition to termi- 
nation conditions at any time from the 
treatment control panel. 

(8) It shall be possible to interrupt irradia- 
tion and equipment movements at any 
time from the treatment control panel. 
Following an interruption it shall be 
possible to restart irradiation by opera- 
tor action without any reselection of 
operating conditions. If any change is 
made of a pre-selected value during an 
interruption the equipment shall go to 
termination condition. 

(9) A timer shall be provided and shall 
meet the following requirements: 

(A) The timer shall have a display at the 
treatment control panel. The timer 
shall have a preset time selector and 
an elapsed time indicator. 

(B) The timer shall be a cumulative timer 
which switches "on" and "off" with 
the radiation and retains its reading 
after irradiation is interrupted or 
terminated. It shall be necessary to 
zero the elapsed time indicator and 
the preset time selector after irradia- 
tion is terminated, before reactivation 
is possible. 



(C) To guard against failure of the dose 
monitoring systems, the timer shall 
terminate irradiation when a preselect- 
ed time has elapsed. 

(10) In equipment capable of both x-ray 
therapy and electron therapy: 

(A) Irradiation shall not be possible until 
a selection of radiation type, x-rays or 
electrons, has been made at the treat- 
ment control panel; 

(B) An interlock system shall be provided 
to prevent irradiation if any selected 
operations carried out in the treatment 
room do not agree with the selected 
operations carried out at the treatment 
control panel; 

(C) An interlock system shall be provided 
to prevent irradiation with x-rays 
when electron applicators are fitted 
and irradiation with electrons when 
x-ray wedge filters are fitted; and 

(D) The radiation type selected shall be 
displayed at the treatment control 
panel before and during irradiation. 

(11) In equipment capable of generating 
radiation beams of different energies: 

(A) Irradiation shall not be possible until 
a selection of energy has been made 
at the treatment control panel; 

(B) An interlock system shall be provided 
to insure that the equipment emits 
primarily the energy of radiation 
which has been selected; 

(C) An interlock system shall be provided 
to prevent irradiation if any selected 
operations carried out in the treatment 
room do not agree with the selected 
operations carried out at the treatment 
control panel; and 

(D) The energy selected shall be displayed 
at the treatment control panel before 
and during irradiation. 

(12) In equipment capable of both 
s t a t i o n a r y - b e a m therapy and 
moving-beam therapy: 

(A) Irradiation shall not be possible until 
a selection of stationary-beam therapy 
or moving-beam therapy has been 
made at the treatment control panel; 

(B) An interlock system shall be provided 
to prevent irradiation if any selected 
operations carried out in the treatment 
room do not agree with the selected 
operations carried out at the treatment 
control panel: 



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PROPOSED RULES 



(C) An interlock system shall be provided 
to terminate irradiation if the move- 
ment stops during moving-beam thera- 
py; 

(D) Moving-beam therapy shall be so 
controlled that the required dose 
monitor units per degree of rotation is 
obtained; and 

(E) The mode of operation shall be dis- 
played at the treatment control panel. 

(13) The registrant shall determine or obtain 
from the manufacturer the location with 
reference to an accessible point on the 
radiation head of: 

(A) the x-ray target and the virtual source 
of x-rays; 

(B) the electron window or the scattering 
foil; and 

(C) all possible orientations of the useful 
beam. 

(14) Means shall be provided so that all 
radiation safety interlocks can be 
checked. When preselection of any of 
the operating conditions requires action 
in the treatment room and at the treat- 
ment control panel selection at one 
location shall not give a display at the 
other location until the requisite selec- 
tion operations in both locations have 
been completed. 

(c) Facility shielding shall be adequate to meet 
the requirements of Section .0 4 00 . 1600 of this 
Chapter. 

(d) Facility design shall meet the following 
requirements: 

(1) Except for entrance doors, all required 
barriers shall be fixed barriers. 

(2) The control panel shall be located 
outside the treatment room. The door 
must be closed during radiation produc- 
tion. 

(3) A viewing system shall be provided to 
permit continuous observation of the 
patient during irradiation and shall be 
so located that the operator may see the 
patient and the control panel from the 
same position. When the viewing 
system is by electronic means (e.g., 
television), an alternate viewing system 
should be available. 

(4) Provision shall be made for two-way 
aural communication with the patient 
from the control room, however, where 
excessive noise levels make aural com- 
munication impractical, other methods 



of communication shall be used. 

(5) Treatment rooms to which access is 
possible through more than one en- 
trance shall be provided with warning 
lights, in a readily observable position 
near the outside of all access doors, 
preferably at eye level, which will 
indicate when the useful beam is "on". 

(6) Have all entrance doors to the treatment 
room electrically connected such that 
the x-ray production cannot be initiated 
unless all doors are closed and shall 
cease if any door is opened during 
x-ray production. 

(e) The operating procedures which follow are 
in addition to those in Rule .0908 of this Chapter. 

(1) Radiation protection surveys shall com- 
ply with the following requirements: 

(A) All new facilities and existing facili- 
ties not previously surveyed shall 
have a radiation protection survey 
made by, or under the direction of, a 
qualified expert. This shall also be 
done after any change in the facility 
or equipment which might cause a 
significant increase in radiation haz- 
ard. 

(B) The expert shall report his findings in 
writing to the person in charge of the 
facility, and a copy of the report shall 
be transmitted by the registrant to the 
agency at the address in Rule .0111 of 
this Chapter. 

(2) No person other than the patient shall 
be in the treatment room during treat- 
ment. When a patient must be held in 
position for radiation therapy, mechani- 
cal supporting or restraining devices 
shall be used. 

(3) The output of each therapeutic x-ray 
machine shall be calibrated by, or 
under the direct supervision of a quali- 
fied expert, before it is first used for 
medical purposes. Calibrations shall be 
repeated at least once every 12 months 
and after any change which might 
significantly increase radiation hazards. 
Calibration of the therapy beam shall be 
performed with measurement instru- 
ments, the calibration of which is trace- 
able to national standards for exposure 
or absorbed dose and which shall have 
been calibrated within the preceding 12 
months. Records of calibrations shall 
be provided to and maintained by the 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1945 



PROPOSED RULES 



registrant. The calibration should 
include at least the following determina- 
tions: 

(A) the exposure rate or dose rate as 
appropriate for the field sizes used 
and for each effective energy and for 
each treatment distance used for 
radiation therapy; 

(B) the beam quality (e.g., half-value 
layer when appropriate) for every 
proposed combination of operating 
conditions used for radiation therapy; 

(C) the congruence between the radiation 
field and the field indicated by the 
localized device when used; 

(D) verification that the equipment is 
operating in compliance with the 
design specifications concerning the 
light localizer, the side light and 
backpointer alignment with the 
isocenter. when applicable, variation 
in the axis of rotation for the table, 
gantry and jaw system and beam 
flatness and symmetry in air or at the 
specified depths in a water phantom. 

(4) Spot checks shall be performed month- 

iy. 

(A) The spot check methods shall be in 
writing and shall be designed by a 
qualified expert. 

(B) Whenever a spot check indicates a 
significant change (as specified in the 
qualified expert's spot check design) 
in the operating characteristics of a 
machine, the machine shall be 
recalibrated as required in Subpara- 
graph (e)(3) of this Rule. 

(C) A log shall be kept of all spot check 
measurements. 

Statutory Authority G.S. 104E-7; 104E-12(a). 

.0610 VETERINARY MEDICINE 

RADIOGR\PHIC LNSTALLATIONS 

(a) The provisions of this Rule shall apply only 
to veterinary medicine radiographic installations. 
Radiographic equipment used in veterinary medi- 
cine radiographic installations shall meet the 
following requirements: 

( 1 ) The protective tube housing shall be of 
the diagnostic type. 

(2) Diaphragms or cones shall be provided 
for collimating the useful beam to the 
area of the image receptor and shall 
provide the same degree of protection 



as is required in the housing. 

(3) The total filtration permanently in the 
useful beam shall not be less than 0.5 
millimeters aluminum equivalent for 
machines operating up to 50 kVp, 1.5 
millimeters aluminum equivalent for 
machines operating between 50-70 kVp. 
and 2.5 millimeters aluminum equiva- 
lent for machines operating above 70 
kVp. 

(4) A device shall be provided to terminate 
the exposure after a preset time or 
exposure. 

(5) A dead-man type of exposure switch 
shall be provided, together with an 
electrical cord of sufficient length, so 
that the operator can stand out of the 
useful beam and at least six feet from 
the animal during all x-ray exposures or 
behind a protective barrier adequate to 
assure compliance with Rules .0 4 02 
.1604 and -^4Q€ .1611 of this Chapter. 

(b) All wall, ceiling and floor areas shall be 
equivalent to or provided with primary and sec- 
ondary protective barriers necessary to comply 
with Rules t£4©3 .1604 and t£406 .1611 of this 
Chapter. 

(c) Operating procedures shall meet the follow- 
ing requirements: 

(1) The operator shall stand well away 
from the useful beam and the animal 
during radiographic exposures. 

(2) No individual other than the operator 
shall be in the x-ray room while expo- 
sures are being made unless such 
individual's assistance is required. 

(3) When an animal must be held in posi- 
tion during radiography, mechanical 
supporting or restraining devices shall 
be used; except if the animal must be 
held by an individual, that individual 
shall be protected with appropriate 
shielding devices, such as protective 
gloves and apron, and shall be so posi- 
tioned that no part of the individual's 
body will be struck by the useful beam. 
The exposure of any professional staff 
or ancillary personnel used for this 
purpose shall be monitored and perma- 
nently recorded. Exposures shall com- 
ply with Rules t£4Q3 .1604 and 
.0 4 05(a) .1609 of this Chapter. 

Statutory Authority G.S. J04E-7. 



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December 75, 1992 



PROPOSED RULES 



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SECTION .0700 - USE OF SEALED 

RADIOACTIVE SOURCES IN THE 

HEALING ARTS 

.0702 INTERSTITIAL: INTRACAVITARY 
AND SUPERFICIAL APPLICATIONS 

(a) Accountability, storage and transit 

(1) Except as otherwise specifically autho- 
rized by the agency each licensee shall 
provide accountability of sealed sources 
and shall keep a record of the issue and 
return of all sealed sources. A physical 
inventory shall be made at least every 
six months and a written record of the 
inventory maintained. 

(2) When not in use, sealed sources and 
applicators containing sealed sources 
shall be kept in a protective enclosure 
of such material and wall thickness as 
necessary to assure compliance with the 
provisions of Rules t0493 .1604 , tG4©5 
.1609 and ^406 .1611 of this Chapter. 

(b) Testing sealed sources for leakage and 
contamination 

(1) All sealed sources with a half-life great- 
er than 30 days and in any form other 
than gas shall be tested for leakage and 
contamination prior to initial use and at 
intervals not to exceed six months. If 
there is reason to suspect that a sealed 
source might have been damaged, or 
might be leaking, it shall be tested for 
leakage before further use. 

(2) Leak tests shall be capable of detecting 
the presence of 0.005 microcurie of 
radioactive material on the test sample, 
or in the case of radium, the escape of 
radon at rate of 0.001 microcurie per 
24 hours. Any test conducted pursuant 
to Subparagraph (b)(1) of this Rule 
which reveals the presence of 0.005 
microcurie or more of removable con- 
tamination or, in the case of radium, 
the escape of radon at the rate of 0.001 
microcurie or more per 24 hours shall 
be considered evidence that the sealed 
source is leaking. The licensee shall 
immediately withdraw the source from 
use and shall cause it to be decontami- 
nated and repaired or to be disposed of 
in accordance with applicable provi- 
sions of Section tO4O0 .1600 of this 
Chapter. A report describing the sealed 
sources involved, the test results and 
the corrective action taken shall be 



submitted in writing to the agency at 
the address stated in Rule .0111 of this 
Chapter within five days after the test. 
(3) Leak test results shall be recorded in 
units of microcuries and maintained for 
inspection by the agency, 
(c) Radiation surveys 

(1) The maximum radiation level at a 
distance of one meter from the patient 
in whom brachytherapy sources have 
been inserted shall be determined by 
measurement or calculation and prefera- 
bly by both. This radiation level shall 
be entered on the patient's chart and 
other signs as required in Paragraph (d) 
of this Rule. 

(2) The radiation surveying in Paragraph 
(c) of this Rule or a special survey shall 
be performed and shall include mea- 
surements necessary to comply with the 
following requirements: 

(A) The therapeutic use of sealed sources 
shall not create radiation levels in 
areas occupied by patients not under- 
going radiation therapy which would 
result in an accumulated dose in 
excess of 125 millirem if a patient 
were continuously present during the 
entire treatment period. 

(B) The licensee shall maintain a record 
of this survey and the calculation 
which demonstrates compliance with 
Subparagraph (c)(1) of this Rule. 

(C) The licensee shall select rooms for 
hospitalization of these sealed source 
therapy patients in a manner so as to 
minimize radiation exposure of other 
patients, hospital staff, visitors and 
the public, especially those who are 
under 18 years of age or who are 
pregnant females. 

(D) This Rule does not relieve the licens- 
ee of responsibility to monitor or limit 
occupational radiation exposure for 
the licensee's staff as provided in 
Section tO400 .1600 of this Chapter. 

(3) The licensee shall conduct a survey and 
a source count on all patients treated 
with cobalt-60, cesium-137, 
iridium- 192, or radium-226 implants to 
ensure that all implants have been 
removed prior to release of the patient 
from the hospital. The results of these 
surveys shall be recorded and main- 
tained for inspection by the agency for 



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December 15, 1992 



1947 



PROPOSED RULES 



two years from the time the implants 
are removed, 
(d) Signs and records 

(1) In addition to the requirements of Rule 
t0444 .1624 of this Chapter, the bed, 
cubicle, or room of the hospital 
brachytherapy patient shall be marked 
with a sign indicating the presence of 
brachytherapy sources. This sign shall 
incorporate the radiation symbol and 
specify the radionuclide, activity, date, 
and the individual(s) to contact for 
radiation safety instructions. The sign 
is not required provided the exception 
in Rule .0 4 12(2) . 1 625 of this Chapter 
is satisfied. 

(2) The following information shall be 
included in the patient's chart: 

(A) the radionuclide administered, number 
of sources, activity in millicuries and 
time and date of administration; 

(B) the exposure rate at one meter, the 
time the determination was made, and 
by whom; 

(C) the radiation symbol; and 

(D) the precautionary instructions neces- 
sary to assure that the exposure of 
individuals does not exceed that per- 
mitted in Paragraph (c) of this Rule. 

Statutory Authority G.S. 104E-7; 104E-12(a). 

SECTION .0800 - REQUIREMENTS FOR 
ANALYTICAL X-RAY EQUIPMENT 

.0804 AREA REQUIREMENTS 

(a) The local components of an analytical x-ray 
system shall be so located and arranged and shall 
include sufficient shielding or access control that 
no radiation levels exist in any area surrounding 
the local component group which could result in a 
dose to an individual present therein in excess of 
the dose limits given in Rule .0 4 06 .1611 of this 
Chapter. For systems utilizing x-ray tubes, these 
levels shall be met at any specified tube rating. A 
registrant or licensee may apply to the agency for 
an exemption from this requirement. See Rule 
.0106(a) of this Chapter . 

(b) Surveys 

(1) Radiation surveys, as required by Rule 
^409 .1613 of this Chapter, of all 
analytical x-ray systems sufficient to 
show compliance with Paragraph (a) of 
this Rule, shall be performed: 
(A) upon installation of the equipment; 



(B) following any change in the initial 
arrangement, number or type of local 
components in the system: 

(C) following any maintenance requiring 
the disassembly or removal of a local 
component in the system which could 
affect the radiation exposure to per- 
sonnel; 

(D) radiation monitoring shall be per- 
formed during maintenance. 

(2) A licensee or registrant may apply to 

the agency for approval of procedures 

differing from those in Subparagraph 

(b)(1) of this Rule, provided that the 

licensee or registrant demonstrates 

satisfactory compliance with Paragraph 

(a) of this Rule. 

(c) Each area or room containing analytical 

x-ray equipment shall be conspicuously posted 

with a sign or signs bearing the radiation caution 

symbol and the words "CAUTION - X-RAY 

EQUIPMENT". or worc j s having a similar intent. 

Statutory Authority G.S. 104E-7. 

SECTION .0900 - REQUIREMENTS FOR 
PARTICLE ACCELERATORS 

.0901 PURPOSE AND SCOPE 

(a) This Section establishes procedures for the 
licensing and the use of particle accelerators. 

(b) In addition to the requirements of this 
Section, all licensees are subject to the require- 
ments of Sections .0100. .0 4 00. and . 1000, and 

. 1600 of this Chapter and parts of Section .0200 of 
this Chapter, as deemed appropriate by the agency. 
Licensees engaged in industrial radiographic 
operations are subject to the requirements of 
Section .0500 of this Chapter, and licensees 
engaged in the healing arts are subject to Rule 
.0350 of this Chapter and the applicable require- 
ments of Section .0600 of this Chapter. Licensees 
engaged in the production of radioactive material 
or possessing radioactive material incidental to an 
accelerator are subject to the requirements of 
Section .0300 of this Chapter. 

(c) In addition to the requirements of this Sec- 
tion, all particle accelerator licensees are subject to 
the annual fee provisions contained in Section 
.1 100 of this Chapter. 

Statutory Authority G.S. 104E-7; 104E-9(8); 
104E-19(a). 

.0905 SHIELDING AND SAFETY DESIGN 



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PROPOSED RULES 



(a) A qualified expert as defined in Rule 
.0602(aH45) of this Chapter and registered by the 
agency pursuant to Rule .0205 of this Chapter, 
shall be consulted in the design of a particle 
accelerator installation. A qualified expert shall be 
called upon to perform a radiation survey when the 
accelerator is first capable of producing radiation. 
A copy of the survey shall be submitted to the 
agency by the licensee prior to its use for its 
licensed purpose. 

(b) Plans for construction of accelerator installa- 
tions shall be submitted to the agency. 

(c) Each particle accelerator installation shall be 
provided with such primary and secondary barriers 
as are necessary to assure compliance with Rules 
t0403 .1604 and ^406 .1611 of this Chapter. 

Statutory Authority G.S. 104E-7. 

.0906 CONTROLS AND INTERLOCK 
SYSTEMS 

(a) Instrumentation, readouts and controls on the 
particle accelerator control console shall be clearly 
identified and easily discernible. 

(b) All entrances into a target room or other 
high radiation area shall conform to the require- 
ments of Rule .0 4 11(c) .1615 of this Chapter. 

(c) When an interlock system has been tripped, 
it shall only be possible to resume operation of the 
accelerator by manually resetting controls at the 
position where the interlock has been tripped and, 
subsequently at the main control console. 

(d) Each safety interlock shall operate indepen- 
dently of all other safety interlocks. 

(e) All safety interlocks shall be fail-safe, i.e., 
designed so that any defect or component failure in 
the interlock system prevents operation of the 
accelerator. 

(f) A "Scram button" or other emergency power 
cut-off switch shall be located and easily identifi- 
able in all high radiation areas and at the control 
console. Such a cut-off switch shall include a 
manual reset so that the accelerator cannot be 
restarted from the accelerator control console 
without first manually resetting the cut-off switch. 

Statutory Authority G.S. 104E-7. 

.0907 WARNING DEVICES 

(a) All locations designated as high radiation 
areas, and entrances to such locations shall be 
equipped with easily observable warning lights that 
operate when, and only when, radiation is being 
produced. 

(b) Except in facilities designed for human 



exposure, each high radiation area shall have an 
audible warning device which shall be activated for 
15 seconds prior to the possible creation of such 
high radiation area. This warning device shall be 
clearly discernible in all high radiation areas and 
all radiation areas. 

(c) Barriers, temporary or otherwise, and path- 
ways leading to high radiation areas shall be 
identified in accordance with Rule .0 4 1 1 . 1624 of 
this Chapter. 

Statutory Authority G.S. 104E-7. 

.0910 VENTILATION SYSTEMS 

(a) Adequate ventilation shall be provided in 
areas where airborne radioactivity may be pro- 
duced to comply with Rule t£404 . 1604 of this 
Chapter. 

(b) The licensee shall not vent, release or 
otherwise discharge airborne radioactive material 
to an unrestricted area in excess of the limits 
specified in Rule .0 4 07 . 161 1 of this Chapter. 

Statutory Authority G.S. 104E-7. 

SECTION .1000 - NOTICES: 

INSTRUCTIONS: REPORTS AND 

INSPECTIONS 

.1002 POSTING OF NOTICES TO 
WORKERS 

(a) Each licensee or registrant shall post current 
copies of the following documents: 

(1) the rules in this Section and in Section 
t0400 .1600 of this Chapter: 

(2) the license, certificate of registration, 
conditions or documents incorporated 
into the license by reference and 
amendments thereto; 

(3) the operating procedures applicable to 
work under the license or registration: 

(4) any notice of violation involving radio- 
logical working conditions, any order 
issued pursuant to Section .0100 of this 
Chapter and any response from the 
licensee or registrant. 

(b) If posting of a document specified in Sub- 
paragraphs (a)(1), (2) or (3) of this Rule is not 
practicable, the licensee or registrant may post a 
notice which describes the document and states 
where it may be examined. 

(c) The agency form "Notice to Employees" 
shall be posted by each licensee or registrant 
wherever individuals work in or frequent any 
portion of a restricted area. 



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1949 



PROPOSED RULES 



(d) The agency form "Notice to Employees" 
contains information to employees regarding 
employer's responsibility, worker's responsibility, 
the subjects covered by this Section, reports on 
radiation exposure history, inspections, and any 
other information that the agency may include. 

(e) Documents, notices or forms posted pursuant 
to this Rule shall appear in a sufficient number of 
places to permit individuals engaged in work under 
the license or registration to observe them on the 
way to or from any particular work location to 
which the document applies, shall be conspicuous, 
and shall be replaced if defaced or altered. 

(f) Agency documents posted pursuant to Sub- 
paragraph (a)(4) of this Rule shall be posted within 
two working days after receipt of the documents 
from the agency; the licensee's or registrant's 
response, if any. shall be posted within two work- 
ing days after dispatch from the licensee or regis- 
trant. Such documents shall remain posted for a 
minimum of five working days or until action 
correcting the violation has been completed, 
whichever is later. 

Statutory Authority G.S. 104E-7; 104E-10. 



(c) At the request of a worker formerly engaged 
in work controlled by the licensee or the regis- 
trant, each licensee or registrant shall furnish to 
the worker a report of the worker's radiation 
dosage and exposure to radioactive materials. 
Such report shall be furnished within 30 days from 
the time the request is made, or within 30 days 
after the exposure of the individual has been 
determined by the licensee or registrant, whichever 
is later; shall cover, within the period of time 
specified in the request, each calendar quarter in 
which the worker's activities involved exposure to 
radiation from radioactive material licensed by, or 
radiation machines registered with the agency; and 
shall include the dates and locations of work under 
the license or registration in which the worker 
participated during this period. 

(d) When a licensee or registrant is required 
pursuant to Rule .0 4 20 .1647 of this Chapter to 
report to the agency any overexposure of an 
individual to radiation or radioactive material, the 
licensee or the registrant shall also provide the 
individual a report on his exposure data included 
therein. Such reports shall be transmitted at a time 
no later than the transmittal to the agency. 



I 



. 1 004 NOTIFICATIONS AND REPORTS TO 
INDIVIDUALS 

(a) Radiation exposure data for an individual 
and the results of any measurements, analyses, and 
calculations of radioactive material deposited or 
retained in the body of any individual shall be 
reported to the individual as specified in this Rule. 
The information reported shall include data and 
results obtained pursuant to rules of this Chapter, 
orders, or license conditions, as shown in records 
maintained by the licensee or registrant pursuant to 
provisions of this Chapter. Each notification and 
report shall: be in writing; include appropriate 
identifying data such as the name of the licensee or 
registrant, the name of the individual, and the 
individual's social security number; include the 
individual's exposure information; and contain the 
following statement: 

This report is furnished to you under the provi- 
sions of Section 15ANCAC 11 .1000; NOTICES, 
INSTRUCTIONS. REPORTS AND INSPEC- 
TIONS. You should preserve this report for 
further reference. 

(b) At the request of any worker, each licensee 
or registrant shall advise such worker annually of 
the worker's radiation dosage and exposure to 
radioactive materials as shown in records main- 
tained by the licensee or registrant pursuant to 
Paragraphs (a) and (c) of this Rule. 



Statutory Authority G.S. 104E-7; 104E-10; 
W4E-12. 

SECTION .1200 - LAND DISPOSAL OF 
RADIOACTIVE WASTE 

.1201 PURPOSE AND SCOPE 

(a) This Section establishes the procedures, 
criteria, and terms and conditions upon which the 
agency issues licenses authorizing land disposal of 
low-level radioactive waste received from other 
persons for disposal. Disposal of low-level radio- 
active waste by the specific licensee who generates 
such waste is subject to the provisions of Rule 
.94+6 .1628 of this Chapter. 

(b) The rules in this Section do not apply to the 
disposal of: 

( 1 ) low-level radioactive waste which is 
higher than Class C waste as defined in 
Rule t£45S .1628 of this Chapter: 

(2) byproduct material as defined in Section 
lie. (2) of the Atomic Energy Act of 
1954. as amended, in quantities greater 
than 10.000 kilograms and containing 
more than five millicuries of 
radium-226; or 

(3) licensed radioactive material pursuant to 
provisions of Rule +34+6 .1628 of this 
Chapter. 



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PROPOSED RULES 



(c) Nothing in this Section shall relieve any 
person of responsibility for complying with other 
applicable North Carolina laws and rules. 

(d) This Section is designed to fulfill two objec- 
tives: 

(1) to meet the requirement of compatibility 
with the U.S. Nuclear Regulatory Com- 
mission regulations, and 

(2) to provide general guidance for the 
design, operation, closure and institu- 
tional control of a low-level radioactive 
waste disposal facility that has features 
to enhance its performance and provide 
additional confidence in its integrity. 

As described in 10 CFR Part 61, Section 61.7 
Concepts, land disposal is intended to further four 
safety objectives: 

(1) protection of the public from releases of 
radioactivity. 

(2) protection of an inadvertent intruder, 

(3) protection of workers at the facility, 
and 

(4) assurance of long-term stability after 
closure. There is every indication in 
research reports and environmental 
impact statements that land disposal 
with attention to site selection, waste 
classification, waste form, segregation 
and stability will limit radiation doses 
to those within the cited performance 
objectives of 10 CFR Part 61. Supple- 
mentary engineered barriers are includ- 
ed in the regulations for North Caroli- 
na, however, to fulfill a further objec- 
tive, viz. 

(5) protection against the possibility of 
unforeseen differences between expect- 
ed and actual behavior of the disposal 
system. 

The five goals are to be sought through the design, 
construction, and operation of a system that in- 
volves a carefully chosen combination of features 
that are described in existing regulations plus 
additional requirements for engineered barriers. 
The total system will make use of selected process- 
es and structures, such as compaction, solidifica- 
tion, packaging in high-integrity containers, place- 
ment of wastes, use of concrete for walls or fill, 
special trench covers, drainage systems, or other 
devices. The facility design objectives are to 
minimize contact of water with wastes, facilitate 
detection of water and contamination, retard 
release of radioactive materials, suppress the 
migration of wastes in the geologic medium, and 
accommodate timely recovery of wastes if neces- 



sary. Account is to be taken of radiation dose 
limits for facility workers and the public, and 
efforts are to be made to reduce costs without 
sacrificing safety. 

The concept of "reasonable assurance" is used 
throughout this Section. Reasonable assurance is 
to be understood as placing primary emphasis on 
protection of public health and the environment. 
The cost of achieving reasonable assurance will be 
only a secondary consideration. 

(e) Persons licensed pursuant to the provisions 
of this Section are also subject to the Rules rules 
in Sections .0100, .0300. ^400 . 1000, tm4 . 1 100, 
and . 1600 of this Chapter, except as provided 
otherwise in this Section. 

Statutory Authority G.S. 104E-2: 104E-3; 104E-7; 
104E-10; 104E-10.1; 104E-10.2; 104E-25; 
104E-26. 

.1206 SPECIFIC TECHNICAL 
EVFORMATION 

(a) The specific technical information shall 
include the following information needed for 
demonstration that the performance objectives and 
the applicable technical requirements of this 
Section will be met: 

(1) a description of the principal design 
criteria and their relationship to the 
performance objectives, along with 
identification of operating facilities of 
the same or similar design; 

(2) a description of the design basis natural 
events or phenomena and their relation- 
ship to the principal design criteria; 

(3) a description of codes and standards 
which the applicant has applied to the 
design and which will apply to con- 
struction of the land disposal facility; 

(4) a description of the design features of 
the land disposal facility, the disposal 
units and engineered barriers, to in- 
clude those design features related to: 

(A) infiltration of water: 

(B) leachate collection and removal; 

(C) integrity of covers for disposal units 
and structural stability of backfill, 
engineered barriers, and covers; 

(D) contact of wastes with standing water 
and groundwater; 

(E) disposal site drainage: 

(F) disposal site closure and stabilization; 

(G) elimination to the extent practicable of 
long-term disposal site maintenance, 
inadvertent intrusion, occupational 



7:18 



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1951 



PROPOSED RULES 



exposures, and disposal site monitor- 
ing; 

(H) adequacy of the size of the buffer 
zone for monitoring and potential 
mitigative measures; and 

(I) retrieval; 

(5) a description of the construction and 
operation of the land disposal facility, 
to include, as a minimum: 

(A) the methods of construction of dispos- 
al units and engineered barriers; 

(B) waste emplacement; 

(C) the procedures for and areas of waste 
segregation; 

(D) accurate drawings and descriptions of 
on-site buildings including, but not 
limited to. construction, foundation 
details, ventilation, plumbing and fire 
suppression systems, and proximity to 
creeks or culverts; 

(E) types of intruder barriers; 

(F) on-site traffic and drainage systems; 

(G) physical security system; 
(H) survey control program; 

(I) methods and areas of waste storage; 

(J) facilities for and methods of handling 
waste including improperly packaged 
shipments; 

(K) methods to control surface water and 
groundwater access to the wastes; 

(L) methods to be employed in the han- 
dling and disposal of wastes contain- 
ing chelating agents or other 
nonradiological substances that might 
affect the meeting of the performance 
objectives of this Section; and 

(M) a flow diagram of waste handling and 
disposal operations, a description and 
accurate drawings of handling equip- 
ment, and any special handling tech- 
niques to be employed; 

(6) a description of the types, chemical and 
physical forms, quantities, classifica- 
tion, and specifications of the radioac- 
tive material proposed to be received, 
possessed, handled, and disposed of at 
the land disposal facility, which shall 
include: 

(A) estimated volume and activity of each 
waste class to be received annually at 
the facility, and 

(B) method for control of the rate at 
which waste is received; 

(7) a description of the quality control 
program, including audits and manage- 



rial controls, for the determination of 
natural disposal site characteristics and 
for quality control during the design, 
construction, operation, and closure of 
the land disposal facility and during the 
receipt, handling, and emplacement of 
waste; 

(8) a description of the radiation safety 
program for control and monitoring of 
radioactive effluents to ensure compli- 
ance with the performance objective in 
Rule .1223 of this Section and occupa- 
tional radiation exposure to ensure 
compliance with the requirements of 
Section t£4Q6 .1600 of this Chapter and 
to control contamination of personnel, 
vehicles, equipment, buildings, and the 
disposal site: which description shall 
address 

(A) both routine operations and accidents; 
and 

(B) procedures, instrumentation, facilities, 
and equipment: 

(9) an emergency response plan which 
addresses: 

(A) on-site response: 

(B) public alert and notification: 

(C) roles of local, county, state and re- 
gional agencies; 

(D) training and public information: and 

(E) if available, copies of most current 
emergency response plans submitted 
to the U.S. Nuclear Regulatory Com- 
mission or an agreement state; 

(10) a manual of operating procedures and 
emergency procedures including, but 
not limited to. those for fires, spills or 
other events which result in contamina- 
tion: 

(11) a description of the administrative 
procedures that the applicant will apply 
to control activities at the land disposal 
facility including hours of proposed 
operation: 

(12) a description of the radiation protection 
program including provisions for keep- 
ing radiation doses to workers and to 
members of the public as low as rea- 
sonably achievable (ALARA) and with- 
in applicable limits specified in the 
Rule s rules of this Chapter; 

(13) a description of the natural and demo- 
graphic disposal site characteristics as 
determined by disposal site selection 
and characterization activities where the 



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PROPOSED RULES 



description must include geologic, 
geotechnical, hydrologic, meteorologic, 
climatologic, air quality, natural radia- 
tion background and biotic features of 
the disposal site and vicinity; where the 
site characterization shall include suffi- 
cient and suitable data for design and 
performance analysis; and where the 
minimum requirements include, but are 
not limited to, the following: 

(A) geologic description to include; 

(i) regional geologic framework 
including stratigraphy, tectonics, 
structure, physiography, seismolo- 
gy and geomorphology; 

(ii) site specific stratigraphy, litholo- 
gy, structural geology, geochem- 
istry, topography, and an analysis 
of landfonns including any evi- 
dence of destructive geomorphic 
processes; 

(iii) a regional geologic map at a scale 
of 1:62,500; 

(iv) a site specific topographic map at 
a scale of 1 : 1 ,200; and 

(v) a site specific geologic map at a 
scale of 1 : 1 ,200 with accompany- 
ing cross-sections; 

(B) geotechnical description to include: 
(i) soil and saprolite characteristics 

related to slope stability, cover 
integrity, erosion, compaction 
characteristics for backfill materi- 
als, foundation analyses, grada- 
tions for proposed filler material, 
and possible interactions between 
the soils and waste containers; 
and 
(ii) bedrock characteristics related to 
foundation analyses and hydrolo- 
gy; 

(C) hydrologic description to include: 

(i) surface water hydrology including 
the upstream drainage area con- 
tributing flow across the site and 
the downstream drainage area to a 
distance of approximately ten 
miles; 

(ii) an inventory of existing surface 
water users and public water 
supplies within approximately ten 
miles downstream of the site; 

(iii) an inventory of potential surface 
water impoundments that will be 
precluded by siting of a disposal 



facility; 

(iv) an inventory and description of all 
significant hydrologic units under- 
lying the site to a depth of 100 
feet below the level of waste 
disposal; 

(v) site specific data sufficient to 
describe the characteristics, pres- 
ent water quality, occurrence and 
movement of water in both the 
unsaturated and saturated zones; 

(vi) an inventory of existing ground- 
water users within approximately 
two miles of the site, both from 
groundwater wells and at points of 
groundwater discharge, e.g. 
springs; 

(vii) identification of the nearest 
downgradient groundwater users 
and the nearest municipal supply 
relying on groundwater; and 

(viii) an inventory of potential ground- 
water supplies that will be pre- 
cluded by siting of a disposal 
facility; 

(D) meteorologic description to include: 
(i) determination of a water budget 

for the disposal site; 
(ii) typical weather patterns; and 
(iii) determination of the frequency, 
probability, and potential conse- 
quences of severe meteorological 
phenomena; 

(E) climatologic description to include: 
(i) normal seasonal fluctuations and 

extremes predicated from histori- 
cal records; 

(ii) air temperatures and soil tempera- 
tures; 

(iii) frost penetration; and 

(iv) solar radiation; 

(F) air quality description to include: 

(i) measurement of suspended 
particulates; and 

(ii) the level of airborne radionuclides 
contributed by atmospheric fall- 
out, natural radiation released 
from the soil, and agricultural 
activities; 

(G) natural radiation background descrip- 
tion to include: 

(i) sampling of air, soil (both on and 
off site), water (both on and off 
site), flora, fauna, and farm prod- 
ucts (including grains and milk): 



7:18 



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December 15, 1992 



1953 



MIULHXn 



PROPOSED RULES 



and 

(ii) both total background and contri- 
bution from individual 
radionuclides; and 
(H) biotic description to include: 

(i) an accurate, site-specific invento- 
ry of flora and fauna in and with- 
in three miles of the site; 

(ii) inventory and distribution of 
livestock and crops within three 
miles of the site; 

(14) an identification of the known natural 
resources at the disposal site, whose 
exploitation could result in inadvertent 
intrusion into the wastes after removal 
of active institutional control; 

(15) a description of baseline, operational, 
and long-term environmental monitor- 
ing programs to include: 

(A) inspection and monitoring of waste 
packages prior to disposal; 

(B) criteria and procedures to stop accep- 
tance of waste at the facility, includ- 
ing action levels; and 

(C) if available, a copy of the last envi- 
ronmental monitoring reports filed 
with the U.S. Nuclear Regulatory 
Commission or agreement state pro- 
gram or other authorities; 

(16) decontamination, decommissioning and 
site closure plans, including: 

(A) those design features which are in- 
tended to facilitate disposal site clo- 
sure and to eliminate the need for 
ongoing active maintenance; 

(B) schedule; 

(C) procedure, including documentation 
that procedure is effective; and 

(D) radioactive waste disposal plan; and 

(17) a description of an action plan which 
would be implemented in the event of 
unforeseen differences between expect- 
ed and actual behavior of the disposal 
system and which includes: 

(A) a description of conditions which 
require remedial action, such as: 

(i) erosion and other damage to the 
stability of the site; 

(ii) failure of physical security fea- 
tures, equipment or procedures; 

(iii) deterioration of trench or disposal 
unit covers; 

(iv) deterioration of leachate collection 
system; 

(v) clogging or siltation of monitoring 



and observation wells; 

(vi) the presence of leachate in indi- 
vidual disposal units; 

(vii) the migration of disposed radioac- 
tive material; 

(viii) changes in site characteristics or 
other events which cause or 
threaten to cause failure of the 
facility to meet the performance 
objectives of this Section; 

(ix) specific action levels, events or 
other conditions for which the 
licensee will institute specific 
remedial actions; and 

(x) presence of radioactive concentra- 
tions in groundwater above 
preoperationally determined back- 
ground; 
(B) provisions for early identification of 
conditions requiring remedial action, 
such as: 

(i) detection of water in any disposal 
unit; 

(ii) detection of radioactive contami- 
nation in ground water groundwa- 
ter with sufficient sampling loca- 
tions and frequencies to permit 
identification of the disposal 
unit(s) causing the contamination; 

(iii) establishment of specific sampling 
locations, sampling frequencies 
and sample types as part of the 
licensee's environmental monitor- 
ing program; 

(iv) methods and frequencies for 
detection of water or leachate in 
disposal units or trenches; 

(v) any methods and associated fre- 
quencies for inspecting, testing, 
maintaining or otherwise assessing 
the condition and performance of 
disposal units, trenches and cov- 
ers; 

(vi) method and frequency for moni- 
toring condition and physical 
stability of the site; 

(vii) any special monitoring, inspection 
or testing which the licensee will 
institute in response to specific 
natural or man-made occurrences 
which may affect the ability of the 
facility to meet the performance 
objectives of this Section; and 

(viii) any periodic or ongoing evalua- 
tion of site characteristics or 



♦ 



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7:18 



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December 15, 1992 



PROPOSED RULES 



changes in site characeristics 
which relate to the ability of the 
facility to meet the performance 
objectives of this Section; 

(C) a description of the corrective mea- 
sures that will be taken to correct the 
condition and otherwise assure com- 
pliance with the performance objec- 
tives and technical requirements of 
this Section, such as: 

(i) continued vigilance; 

(ii) water and leachate detention; 

(iii) pumping or repair of the disposal 
unit; 

(iv) procedures for timely repair or 
waste retrieval after problem 
detection; 

(v) redesign of disposal units; 

(vi) repair or redesign of engineered 
barriers; 

(vii) revision of site operating proce- 
dures, site personnel training, 
waste segregation practices, and 
monitoring and testing programs; 

(viii) revision of disposal methodology; 
and 

(ix) revision of site waste acceptability 
criteria; and 

(D) identification of facility features which 
facilitate remedial actions, such as; 

(i) design of disposal units and engi- 
neered barriers which allows 
access for remedial action; and 
(ii) other features necessary to imple- 
ment the action plan. 
(b) Prior to implementation of detailed site 
investigations, the applicant or the North Carolina 
Low-Level Radioactive Waste Management Au- 
thority shall develop a site characterization plan 
and submit it for approval by the agency to ensure 
that: 

( 1 ) all available data on the site is obtained; 

(2) unnecessary laboratory and field inves- 
tigations are not done; 

(3) required or desired data is obtained; 

(4) a proper sequencing and timely acquisi- 
tion of the required or desired data is 
planned and executed; 

(5) site survey data stations will be de- 
signed and located, insofar as feasible, 
so as to serve as planned permanent 
monitoring stations as necessary; and 

(6) technical and administrative coordina- 
tion of laboratory and field efforts is 
planned and executed. 



(c) As site characterization proceeds, the appli- 
cant or the North Carolina Low-Level Radioactive 
Waste Management Authority and the agency shall 
together review the site characterization results and 
the site characterization plan at least once every 90 
days to ensure that the plan is still valid. The site 
characterization plan shall be modified as required 
by the agency. 

(d) Time-variant site characteristics that require 
site-specific measurements shall be measured at 
such frequency and duration so as to adequately 
define the seasonal range of the values. The 
minimum period of measurement shall be one year 
and shall be supplemented, where possible, with 
regional data covering a longer time period. 

Statutory Authority G.S. 104E-7; 104E-9(3); 
W4E-10(b); 104E-25; 104E-26. 

.1208 TECHNICAL AND 

ENVIRONMENTAL ANALYSES 

The specific technical and environmental infor- 
mation shall also include the following analyses 
needed to demonstrate that the performance objec- 
tives of this Section will be met: 

(1) pathways analyzed in demonstrating 
protection of the general population from 
releases of radioactivity shall include air, 
soil, groundwater, surface water, plant 
uptake, and exhumation by burrowing 
animals. The analyses shall: 

(a) clearly identify and differentiate be- 
tween the roles performed by the natu- 
ral disposal site characteristics and 
design features in isolating and segre- 
gating the wastes; and 

(b) clearly demonstrate that there is reason- 
able assurance that the potential expo- 
sures to humans from the release of 
radioactivity will not exceed the limits 
set forth in Rule .1223 of this Section. 

(2) Analyses of the protection of individuals 
from inadvertent intrusion shall include 
demonstration that there is reasonable 
assurance that the waste classification and 
segregation requirements will be met and 
that adequate barriers to inadvertent 
intrusion will be provided. 

(3) Analyses of the protection of individuals 
during operations shall include assess- 
ments of expected exposures due to 
routine operations and likely accidents 
during handling, storage, and disposal of 
waste. The analyses shall provide rea- 
sonable assurance that exposures will be 



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December IS, 1992 



1955 



PROPOSED RULES 



controlled to meet the requirements of 
Section S4QQ .1600 of this Chapter. 
(4) Analyses of the long-term stability of the 
disposal site and the need for ongoing 
active maintenance after closure shall be 
based upon analyses of active natural 
processes such as erosion, mass wasting, 
slope failure, settlement of wastes and 
backfill, infiltration through covers over 
disposal units and adjacent soils, and 
surface drainage of the disposal site. The 
analyses shall provide reasonable assur- 
ance that there will not be a need for 
ongoing active maintenance of the dispos- 
al site following closure. 

Statutory Authority G.S. 104E-7: 104E-9(3); 
W4E-W(b); 104E-25; 104E-26. 

.1214 STANDARDS FOR ISSUANCE OF A 
LICENSE 

A license for the receipt, possession, and dispos- 
al of waste containing or contaminated with radio- 
active material will be issued by the agency upon 
finding that the issuance of the license and opera- 
tion of the facility will not constitute an unreason- 
able risk to the health and safety of the public or 
have a long-term detrimental impact on the envi- 
ronment, and that: 

(1) The applicant is qualified by reason of 
training and experience to carry out the 
disposal operations requested in a manner 
that adequately protects public health and 
minimizes danger to life, property or the 
environment; 

(2) The applicanfs proposed disposal site, 
disposal design, land disposal facility 
operations (including equipment, facili- 
ties, and procedures), disposal site clo- 
sure, and postclosure institutional care 
are adequate to protect the public health 
and safety in that they provide reasonable 
assurance that the general population will 
be protected from releases of radioactivi- 
ty as specified in this Section; 

(3) The applicant's proposed disposal site. 
disposal site design, land disposal facility 
operations (including equipment, facili- 
ties, and procedures), disposal site clo- 
sure, and postclosure institutional control 
are adequate to protect the public health 
and safety in that they will provide rea- 
sonable assurance that individual inadver- 
tent intruders are protected in accordance 
with this Section; 



(4) The applicant's proposed land disposal 
facility operations (including equipment, 
facilities, and procedures) are adequate to 
protect the public health and safety in 
that they will provide assurance that the 
standards for radiation protection set out 
in Section r9400 .1600 of this Chapter 
will be met; 

(5) The applicant's proposed disposal site, 
disposal site design, land disposal facility 
operations, disposal site closure, and 
postclosure institutional control are ade- 
quate to protect the public health and 
safety and the environment in that they 
will provide reasonable assurance that 
long-term stability of the disposed waste 
and the disposal site will be achieved and 
will eliminate to the extent practicable the 
need for ongoing active maintenance of 
the disposal site following closure; 

(6) The applicant has provided reasonable 
assurance that the applicable technical 
requirements of this Section will be met; 

(7) The applicant's proposal for institutional 
control provides reasonable assurance 
that such control will be provided for the 
length of time found necessary to ensure 
the findings in Subparagraph s Items (2) 
through (5) of this Rule and that the 
institutional control meets the require- 
ments in this Section; 

(8) The information on financial assurances 
meets the requirements of this Section; 

(9) Any additional information as requested 
by the agency pursuant to Rule .0317 of 
this Chapter is adequate; and 

(10) The requirements of this Section have 
been met; and 

(11) The applicant proposes a facility to be 
operated pursuant to G.S. 104G. 

Statutory Authority G.S. 104E-7; W4E-9(3); 
l04E-10(b);104E-12;104E-13(a);104E-18;104E-2 

5.-104E-26. 

.1225 PROTECTION OF EVDIVIDUALS 
DURING OPERATIONS 

(a) Operations at the land disposal facility shall 
be conducted in compliance with the standards for 
radiation protection set out in Section .0 4 00 . 1600 
of this Chapter, except as provided in Rule .1223 
of this Section for the off-site public. 

(b) In accordance with the ALARA plan re- 
quired by Rule . 1206 ( 12) of this Section, the 
licensee shall maintain occupational radiation doses 



I 



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December 15, 1992 



PROPOSED RULES 



as low as reasonably achievable below the occupa- 
tional radiation dose limits established in Section 
t£40Q .1600 of this Chapter. 



Statutory Authority G.S. 
104E-25; 104E-26. 



104E-7; 104E-10; 



.1230 FACILITY OPERATION AND 
DISPOSAL SITE CLOSURE 

(a) Wastes designated as Class A pursuant to 
Rule .0 4 25 . 1650 of this Chapter shall be segregat- 
ed from other wastes by placement in disposal 
units which are sufficiently separated from disposal 
units for the other waste classes so that any inter- 
action between Class A wastes and other wastes 
will not result in the failure to meet the perfor- 
mance objectives of this Section. This segregation 
is not necessary for Class A wastes if they meet 
the stability requirements in Rule .0 4 26(b) 
.1651(b) of this Chapter. 

(b) Wastes designated as Class C pursuant to 
Rule .0 4 25 .1650 of this Chapter shall be disposed 
of so that the top of the waste is a minimum of 
five meters below the top surface of the cover or 
shall be disposed of with intruder barriers that are 
designed to protect against an inadvertent intrusion 
for at least 500 years. 

(c) Wastes shall be emplaced in a manner that 
maintains the package integrity during emplace- 
ment, minimizes the void spaces between packag- 
es, and permits the void spaces to be filled. 

(d) Void spaces between waste packages shall be 
filled with earth or other material to reduce future 
subsidence within the fill. 

(e) Waste shall be placed and covered in a 
manner that limits the radiation dose rate at the 
surface of the cover to levels that at a minimum 
will permit the licensee to comply with all provi- 
sions of Rule .0 4 06 .161 1 of this Chapter at the 
time the license is transferred pursuant to Rule 
. 1220 of this Section. 

(f) The boundaries and locations of each dispos- 
al unit shall be accurately located and mapped by 
means of land survey. Disposal units shall be 
marked in such a way that the boundaries of each 
unit can be easily defined. Three permanent 
survey marker control points, referenced to the 
North American Datum of 1983 (NAD83) and the 
current North American Vertical Datum (NAVD), 
as defined and maintained by the National Geodet- 
ic Survey, shall be established on the site to 
facilitate surveys. The three established control 
stations shall be positioned both horizontally and 
vertically by surveys tied to the NAD83 and 
NAVD as maintained in the North Carolina Geo- 



detic Survey record files. All such surveys shall 
comply with standards and specifications as ap- 
proved by North Carolina Geodetic Survey. 

(g) A buffer zone of land shall be maintained 
between any buried waste and the disposal site 
boundary and beneath the disposed waste. The 
buffer zone shall be of adequate dimensions to 
carry out environmental monitoring activities 
specified in Rule .1231(c) of this Section and to 
permit mitigative measures if needed. 

(h) Closure and stabilization measures as set 
forth in the approved site closure plan shall be 
carried out as each disposal unit is filled and 
covered. 

(i) Active waste disposal operations shall not 
have an adverse effect on completed closure and 
stabilization measures. 

(j) The Radiation Protection Commission may 
by special order provide for the disposal of mixed 
waste. Any such order shall conform to all re- 
quirements of the federal Low-Level Radioactive 
Waste Policy Amendments Act of 1985, G.S. 
104E as amended, G.S. 130A Article 9 as amend- 
ed, and regulations issued pursuant thereunto. 



Statutory Authority G.S. 
104E-25; 104E-26. 



104E-7; 104E-10; 



.1233 WASTE CLASSIFICATION AND 
CHARACTERISTICS 

(a) Waste shall be classified in accordance with 
provisions of Rule .0 4 25 . 1650 of this Chapter. 

(b) Waste shall meet the applicable characteris- 
tics prescribed in Rule .0 4 26 .1651 of this Chap- 
ter. 

(c) Each container of waste shall be labelled in 
accordance with provisions of Rule .0 4 27 .1652 of 
this Chapter. 

Statutory Authority G.S. 104E-7; 104E-10(b); 
104E-25; 104E-26. 

.1238 MAINTENANCE OF RECORDS: 
REPORTS AND TRANSFERS 

(a) Each licensee shall maintain any records and 
make any reports in connection with the licensed 
activities, as may be required by the conditions of 
the license or by the rules, and orders of the 
agency. 

(b) Records which are required by the rules or 
by license conditions shall be maintained for a 
period specified by the appropriate rules or by 
license conditions. If a retention period is not 
otherwise specified, these records shall be main- 
tained and transferred to the agency as specified in 



7:18 



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December 15, 1992 



1957 



PROPOSED RULES 



Ru l e .0 4 17 the rules in Section .1600 of this 
Chapter as a condition of license termination 
unless the agency otherwise authorizes their dispo- 
sition. 

(c) Records which shall be maintained pursuant 
to this Section may be the original or a copy or 
microfilm, provided the records are capable of 
being clearly and legibly reproduced. The follow- 
ing records shall be maintained in a permanent 
form specified by or approved by the agency in 
writing: 

( 1 ) the location and inventory of disposed 
waste, to include generator-specific and 
other information which may be re- 
quired by the agency; 

(2) personnel exposure, bioassay and other 
personnel dose assessment records; 

(3) geologic, hydrologic and other site 
characterization records; and 

(4) any other records that the agency deems 
appropriate to be maintained in a per- 
manent form. 

(d) If there is a conflict between the agency's 
rules, license conditions, or other written agency 
approval or authorization pertaining to the reten- 
tion period for the same type of record, the longest 
retention period specified takes precedence. 

(e) Notwithstanding Paragraphs (a) through (d) 
of this Rule, copies of records of the location and 
the quantity of wastes contained in the disposal site 
shall be transferred to the agency upon transfer of 
the license to the custodial agency or upon termi- 
nation of the license. 

(f) Following receipt and acceptance of a ship- 
ment of waste, the licensee shall record the date of 
receipt and disposal of the waste, the location in 
the disposal site, the condition of the waste pack- 
ages as received, any discrepancies between 
materials listed on the manifest and those received, 
and any evidence of leaking or damaged packages 
or radiation or contamination levels in excess of 
limits specified in U.S. Department of Transporta- 
tion and agency rules. The licensee shall briefly 
describe any repackaging operations of any of the 
waste packages included in the shipment, plus any 
other information required by the agency as a 
license condition. 

(g) Each licensee authorized to dispose of waste 
received from other persons shall file a copy of its 
financial report or a certified financial statement 
annually with the agency in order to update the 
information base for determining financial qualifi- 
cations. 

(h) Each licensee authorized to dispose of waste 
materials received from other persons pursuant to 



this Section shall submit annual reports to the 
agency in accordance with Subparagraphs (h)(1) 
through (h)(4) of this Rule. 

(1) Reports shall be submitted by the end 
of the first calendar quarter of each 
year for the preceding year. 

(2) If the quantities of radioactive materials 
released during the reporting period, 
monitoring results, or maintenance 
performed are significantly different 
from those expected in the materials 
previously reviewed as part of the 
licensing action, the reports shall cover 
this specifically. 

(3) The reports shall include: 

(A) specification of the quantity of each of 
the principal radionuclides released to 
unrestricted areas in liquid and in 
airborne effluents during the preced- 
ing year; 

(B) the results of the environmental moni- 
toring program; 

(C) a summary of licensee disposal unit 
survey and maintenance activities; 

(D) the location and inventory of disposed 
waste, including location of each 
discrete waste shipment or portion 
thereof; 

(E) a summary, by waste class, of activi- 
ties and quantities of radionuclides 
disposed of; 

(F) any instances in which observed site 
characteristics were significantly 
different from those described in the 
application for a license; and 

(G) any other information the agency may 
require. 

(4) Reports shall be submitted in duplicate 
to the agency. The agency shall trans- 
fer one copy of each report to the State 
Records Center for permanent reten- 
tion. 

(i) Any transfer of radioactive materials by the 
licensee is subject to the requirements in Rule 
.0343 of this Chapter. 

Statutory Authority G.S. 104E-7; 104E-9(3>: 
104E-12; 104E-15; W4E-25; 104E-26. 

.1241 INSPECTION 

(a) The agency may require at any disposal site 
that the licensee provide appropriate office and 
storage space for a resident inspector who is 
employed by the agency. 

(b) The agency may require the licensee to 



I 



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« 



1958 



7:18 



XORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



refuse acceptance of low-level radioactive waste 
from any generator, if the agency makes one or 
more of the following determinations: 

(1) the generator has shipped waste to the 
licensee's facility without filing the 
manifest required in Rule .0 4 2 8 .1633 
of this Chapter; 

(2) the generator has improperly described 
waste in a manifest contrary to the 
requirements in Rule .0 4 28 . 1633 of 
this Chapter; 

(3) the generator has shipped to the 
licensee's facility waste which is pro- 
hibited by any rule of this Chapter or 
by condition of the site operator's 
license; 

(4) the generator has shipped to the 
licensee's facility improperly labeled or 
packaged containers of waste; or 

(5) the generator has failed to comply with 
applicable Rules rules of this Chapter. 

(c) In the event that the agency prohibits the 
licensee from receiving waste from any generator 
pursuant to Paragraph (b) of this Rule, the agency 
shall notify the licensee and the generator both 
verbally and in writing, stating the nature and 
basis for the prohibition, the corrective actions 
required to terminate the prohibition and the rights 
of the affected persons regarding the prohibition. 

Statutory Authority G.S. 104E-7; W4E-10(b); 
104E-11; 104E-12: 104E-25: 104E-26. 

.1242 NOTIFICATIONS AND REPORTS 

(a) The licensee shall submit to the agency 
monthly reports of all containers or shipments of 
waste which arrive at the site and are found by 
licensee personnel to be in violation of any provi- 
sion of the Rules rules of this Chapter. The 
monthly reports shall include the name, mailing 
address, telephone number, radioactive material 
license number, and description and date of the 
violation; shall cover a period of one calendar 
month; and shall be submitted to the agency within 
20 days after the end of the calendar month cov- 
ered by the report. 

(b) The licensee shall immediately notify the 
agency in the event that the licensee determines 
that the limits imposed in Paragraph (b) of Rule 
.1223 of this Chapter have been exceeded. 

(c) The licensee shall notify the agency within 
30 days after the licensee determines that on-site 
migration in groundwater of disposed radioactivity 
has occurred along with an explanation of the 
remedial actions taken in accordance with applica- 



ble requirements in this Section. 

(d) The licensee shall notify the agency within 
24 hours after the licensee determines that off-site 
migration of disposed radioactivity has occurred. 

(e) The licensee shall also notify the agency in 
accordance with applicable requirements in Section 
tO400 .1600 of this Chapter. 

Statutory Authority G.S. 104E-7; 104E-9(3); 
104E- 10(b); 104E-25: 104E-26. 

SECTION .1300 - REQUIREMENTS FOR 

WIRELINE-SERVICE OPERATORS AND 

SUBSURFACE-TRACER STUDIES 

.1301 PURPOSE AND SCOPE 

(a) The rules in this Section establish radiation 
safety requirements for persons using sources of 
radiation for wireline-service operations including 
mineral logging, radioactive markers, and 
subsurface-tracer studies. 

(b) The requirements of this Section are in 
addition to, and not in substitution for, the require- 
ments of Section Sections .0100, .0300. .0 4 00, 
.0900, . 1000, a«} . 1 100 and .1600 of this Chap- 
ter. 

(c) The rules in this Section apply to all licens- 
ees who use sources of radiation for 
wireline-service operations including mineral 
logging, radioactive markers, or subsurface tracer 
studies. 

Statutory Authority- G.S. 104E-7. 

. 1304 LIMITS ON LEVELS OF RADIATION 

Sources of radiation shall be used, stored, and 
transported in such a manner that the transporta- 
tion requirements of Section .0300 of this Chapter 
and the dose limitation requirements of Section 
tQ40G .1600 of this Chapter are met. 

Statutory Authority G.S. 104E-7. 

. 1307 RADIATION SURVEY EVSTRUMENTS 

(a) The licensee shall maintain sufficient cali- 
brated and operable radiation survey instruments at 
each field station to make physical radiation 
surveys as required by this Section and by Section 
.0 4 00 . 1600 of this Chapter. Instrumentation shall 
be capable of measuring 0.1 milliroentgen per 
hour through at least 50 milliroentgens per hour. 

(b) Each radiation survey instrument shall be 
calibrated; 

(1) at intervals not to exceed six months 
and after each instrument servicing: 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1959 



i. a i ■■.juj'M".' 



PROPOSED RULES 



(2) at energies and radiation levels appro- 
priate for use; and 

(3) so that aeeuraney accuracy within plus 
or minus 20 percent of the true radia- 
tion level can be demonstrated on each 
scale. 

(c) Calibration records shall be maintained foi a 
period of three years for inspection by the agency. 

Statutory Authority G.S. 104E-7; 104E- 12(a)( 1 ). 

.1314 TRAINING REQUIREMENTS 

(a) No licensee shall permit any individual to act 
as a logging supervisor until such individual has: 

( 1 ) received, in a course recognized by the 
agency, the U.S. Nuclear Regulatory 
Commission, an agreement state, or a 
licensing state, instruction in the sub- 
jects outlined in Rule .1325 of this 
Section and demonstrated an under- 
standing thereof; 

(2) read, received instruction in and dem- 
onstrated an understanding of the rules 
contained in this Section and the appli- 
cable rules in Sections .0100. .0 4 00, 
and .1000, and .1600 of this Chapter or 
their equivalent, conditions of appropri- 
ate license or certificate of registration, 
and the licensee's operating and emer- 
gency procedures; and 

(3) demonstrated competence to use sources 
of radiation, related handling tools, and 
radiation survey instruments which will 
be used on the job. 

(b) No licensee shall permit any individual to 
assist in the handling of sources of radiation until 
such individual has: 

(1) read or received instruction in the 
licensee's operating and emergency 
procedures and demonstrated an under- 
standing thereof; and 

(2) demonstrated competence to use. under 
the personal supervision of the logging 
supervisor, the sources of radiation, 
related handling tools, and radiation 
survey instruments which will be used 
on the job. 

(c) The licensee shall provide safety reviews for 
logging supervisors and logging assistants at least 
once during each calendar year. 

(d) The licensee shall maintain employee trailing 
training records for inspection by the agency for 
two years following termination of employment. 

Statutory Authority G.S. 104E-7; 104E-1 2(a)(1). 



.1315 OPERATLNG AND EMERGENCY 
PROCEDURES 

The licensee's operating and emergency proce- 
dures shall include instructions in at least the 
following: 

( 1 ) handling and use of sources of radiation 
to be employed so that no individual is 
likely to be exposed to radiation doses in 
excess of the standards established in 
Section -A34QQ .1600 of this Chapter; 

(2) methods and occasions for conducting 
radiation surveys; 

(3) methods and occasions for locking and 
securing sources of radiation; 

(4) personnel monitoring and the use of 
personnel monitoring equipment; 

(5) transportation to temporary jobsites and 
field stations, including the packaging 
and placing of sources of radiation in 
vehicles, placarding of vehicles, and 
securing sources of radiation during 
transportation; 

(6) minimizing exposure of individuals in the 
event of an accident; 

(7) procedure for notifying proper personnel 
in the event of an accident; 

(8) maintenance of records; 

(9) inspection and maintenance of source 
holders, logging tools, source handling 
tools, storage containers, transport con- 
tainers, and injection tools; 

(10) procedure to be followed in the event a 
sealed source is lodged downhole; and 

(11) procedures to be used for picking up, 
receiving, and opening packages contain- 
ing radioactive materials. 

Statutory Authority G.S. 104E-7. 

.1320 PARTICLE ACCELERATORS 

No licensee shall permit above-ground testing of 
particle accelerators, designed for used in 
well-logging, which results in the production of 
radiation, except in areas of facilities controlled or 
shielded so that the applicable requirements of 
Rules t0403 .1604 and -&4Q€ . .1611 of this Chap- 
ter are met. 

Statutory Authority G.S. 104E-7. 

.1324 NOTIFICATION OF INCIDENTS: 
ABANDONMENT: AND LOST 
SOURCES 

(a) The licensee shall comply with the applicable 
notification requirements in Section t0400 . 1600 of 



♦ 



4 



I960 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



) 



\ 



this Chapter for incidents and sources lost in other 
than downhole logging operations. 

(b) Whenever a sealed source or device contain- 
ing radioactive material is lodged downhole, the 
licensee shall: 

( 1 ) monitor at the surface for the presence 
of radioactive contamination with a 
radiation survey instrument or logging 
tool during logging tool recovery opera- 
tions; and 

(2) notify the agency immediately by tele- 
phone if radioactive contamination is 
detected at the surface or if the source 
appears to be damaged. 

(c) When it becomes apparent that efforts to 
recover the radioactive source will not be success- 
ful, the licensee shall: 

( 1 ) advise the well-operator of the rules of 
the appropriate state agency with juris- 
diction over abandonment and appropri- 
ate method of abandonment, which 
shall include: 

(A) the immobilization and sealing in 
place of the radioactive source with a 
concrete plug; 

(B) the setting of a whipstock or other 
deflection device; and 

(C) the mounting of a permanent identifi- 
cation plaque, at the surface of the 
well, containing the appropriate infor- 
mation required by Paragraph (d) of 
this Rule; 

(2) notify the agency by telephone, giving 
the circumstances of the loss and re- 
questing approval of the proposed 
abandonment procedures; and 

(3) file a written report with the agency 
within 30 days of the abandonment, 
setting forth the following information: 

(A) date of occurrence and a brief de- 
scription of attempts to recover the 
source; and 

(B) a description of the radioactive source 
involved, including radionuclide, 
quantity, and chemical and physical 
form; 

(i) surface location and identification 

of well, 
(ii) results of efforts to immobilize 

and set the source in place, 
(iii) depth of the radioactive source, 
(iv) depth of the top of the cement 

plug, 
(v) depth of the well, and 
(vi) information contained on the 



permanent identification plaque. 

(d) Whenever a sealed source containing radio- 
active material is abandoned downhole, the licens- 
ee shall provide a permanent plaque for posting the 
well or well-bore. This plaque shall: 

(1) be constructed of long-lasting material, 
such as stainless steel or monel, and 

(2) contain the following information en- 
graved on its face; 

(A) the word "CAUTION"; 

(B) the radiation symbol without the 
conventional color requirement; 

(C) the date of abandonment; 

(D) the name of the well-operator or well 
owner; 

(E) the well name and well identification 
number(s) or other designation; 

(F) the sealed source(s) by radionuclide 
and quantity of activity; 

(G) the source depth and the depth to the 
top of the plug; and 

(H) an appropriate warning, depending on 
the specific circumstances of each 
abandonment, which may include: 
(i) "Do not drill below plug back 

depth", 
(ii) "Do not enlarge casing", or 
(iii) "Do not re-enter the hole" before 
contacting the Division of Radia- 
tion Protection at the address in 
Rule .0111 of this Chapter. 

(e) The licensee shall immediately notify the 
agency by telephone and subsequently by confirm- 
ing letter if the licensee knows or has reason to 
believe that radioactive material has been lost in or 
to an underground potable water source. Such 
notice shall designate the well location and shall 
describe the magnitude and extent of loss of 
radioactive material, assess the consequences of 
such loss, and explain efforts planned or being 
taken to mitigate the consequences. 

Statutory Authority G.S. 104E-7. 

SECTION .1600 - STANDARDS FOR 
PROTECTION AGAINST RADIATION 

.1601 PURPOSE AND SCOPE 

(a) The rules in this Section establish standards 
for protection against ionizing radiation resulting 
from activities conducted under licenses and 
registrations issued by the agency pursuant to the 
rules in this Chapter. 

(b) It js the purpose of the rules in this Section 
to control the receipt, possession, use, transfer. 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1961 



nSSSB^SBSBMO^HSm 



PROPOSED RULES 



and disposal of sources of radiation by any licens- 
ee or registrant jn such a manner that the total 
dose to an individual, including doses resulting 
from all sources of radiation other than back- 
ground radiation, does not exceed the standards for 
protection against radiation prescribed in the rules 
in this Section. However, nothing in this Section 
shall be construed as limiting actions that may be 
necessary to protect health and safety . 

let The rules in this Section apply to persons 
licensed or registered by the agency to receive, 
possess, use, transfer, or dispose of radioactive 
material or other sources of radiation. The limits 



in this Section do not apply to doses due to back- 
ground radiation, to exposure of patients to radia- 
tion for the purpose of medical diagnosis or thera- 
pv. or to voluntary participation in medical re- 
search programs. 

(d) Nothing in this Section shall relieve a licens- 
ee engaged in operation of a radioactive waste 
disposal facility, as defined in Rule .0104 of this 
Chapter, from responsibility for complying with 
the requirements m Section . 1200 of this Chapter. 

Statutory Authority G.S. 104E-7(a)(2). 

. 1 602 IMPLEMENTATION 

(ai If the requirements of this Section are more 
restrictive than a license or registration condition 
established prior to January _L 1994. the licensee 
or registrant shall comply with this Section unless 
exempted by Paragraph (c) of this Rule. 

(b) If any existing license or registration condi- 
tion is more restrictive than a requirement in this 
Section, the licensee or registrant shall comply 
with such conditions. 

(O If a license or registration condition estab- 



lished prior to January _L 1994 exempts a licensee 
or registrant from a provision of Section .0400 of 
this Chapter, it also exempts the licensee or regis- 
trant from the corresponding provision of this 
Section. 
id) If a license or registration condition estab- 



lished prior to January _]_, 1994 cites provisions in 
Section .0400 of this Chapter and there are no 
corresponding provisions in this Section, the 
licensee or registrant shall comply with such 
condition until there is a license or registration 
amendment or license or registration renewal that 
modifies or removes this condition. 

Statutory Authority G.S 104E-7(a)(2). 

.1603 RADIATION PROTECTION 
PROGRAMS 



(a) Each licensee or registrant shall develop, 
document, and implement a radiation protection 
program commensurate with the scope and extent 
of licensed or registered activities and sufficient to 
ensure compliance with the provisions of this 
Section. Recordkeeping requirements relating to 
these programs are provided in Rule .1636 of this 
Section. 

(b) The licensee or registrant shall use, to the 
extent practicable, procedures and engineering 
controls based upon sound radiation protection 
principles to achieve occupational doses and doses 
to members of the public and releases of radioac- 
tive materials in effluents to unrestricted areas that 
are as low as is reasonably achievable ( ALARAi. 

ici The licensee or registrant shall annualh 
review the radiation protection program content 
and implementation. 

Statutory Authority G.S. 104E-7(a)(2). 

.1604 OCCUPATIONAL DOSE LIMITS FOR 
ADULTS 

(a) The licensee or registrant shall control the 

occupational dose to individual adults, except for 

planned special exposures as provided in Rule 

. 1608 of this Section, to the following dose limits: 

1 1 j an annual limit, which is the more 



i 



limiting of: 
(A.i the total effective dose equivalent 
being equal to five rems (0.05Sv): or 
(B) the sum of the deep-dose equivalent 
and the committed dose equivalent to 
any individual organ or tissue other 
than the lens of the eye being equal to 
50 rems (0.5 Sv;: and 
(2) the annual limits to the lens of the eve. 
to the skin, and to the extremities 
which are: 
(A) an eve dose e quivalent of 15 rems 



t 



(0.15 Svi. and 
(B) a shallow-dose equivalent of 50 rems 
(0.50 Sv) to the skin or to each of the 
extremities. 

(b) Doses received in excess of the annual 
limits, including doses received during accidents. 
emergencies, and planned special exposures, shall 
be subtracted fro m the limits for planned special 
exposures that the individual may receive during 
the current year and during the individual's life- 
time. Dose limits for planned special exposures 
are provided in Item (5) of Rule . 1608 of this 
Section. 

(c) The assigned deep-dose equivalent and 
shallow-dose equivalent shall be for the part of the 



t 



1962 



7:18 



XORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



body receiving the highest exposure. The deep- 
dose equivalent, eye dose equivalent and shallow- 
dose equivalent may be assessed from surveys or 
other radiation measurements for the purpose of 
demonstrating compliance with the occupational 
dose limits, if the individual monitoring device 
was not in the region of highest potential exposure. 
or the results of individual monitoring are unavail- 
able. 

(d) Derived air concentration (DAC) and annual 
limit on intake (ALI) values are presented in Table 
1 of Appendix B to 10 CFR §S 20.1001 - 20.2401 
and may be used to determine the individual's dose 
and to demonstrate compliance with the occupa- 
tional dose limits. 

(e) In addition to the annual dose limits, the 
licensee shall limit the soluble uranium intake by 
an individual to 10 milligrams m a week fn consid- 
eration of chemical toxicity. Requirements for 
annual limits on intake for uranium are provided in 
Appendix B to 10 CFR §j 20.1001 - 20.2401. 

(f) The licensee or registrant shall reduce the 
dose that an individual may be allowed to receive 
in the current year by the amount of occupational 
dose received while employed by any other per- 
son. Requirements for determining prior occupa- 
tional exposure are provided [n Rule . 1638(e) of 
this Section. 

Statutory Authorin- G.S. 104E-7(a)(2). 

. 1 605 REQUIREMENTS FOR SUMMATION 
OF EXTERNAL. INTERNAL DOSES 

(a) If the licensee is required to monitor under 
both Rules .1614(a) and (b) of this Section, the 
licensee shall demonstrate compliance with the 
dose limits by summing external and internal 
doses. If the licensee is required to monitor only 
by Rule . 1614(a) of this Section or only by Rule 
. 1614(b) of this Section, then summation is not 
required to demonstrate compliance with the dose 
limits. The licensee may demonstrate compliance 
with the requirements for summation of external 
and internal doses by meeting one of the condi- 
tions specified in Paragraph (b) of this Rule and 
the conditions in Paragraphs (c) and (d) of this 
Rule. The dose equivalents for the lens of the eye, 
the skin, and the extremities are not included fn 
the summation, but are subject to separate limits. 

(b) If the only intake of radionuclides is by 
inhalation, the total effective dose equivalent limit 
is not exceeded if the sum of the deep-dose equiva- 
lent divided by the total effective dose equivalent 
limit, and one of the following, does not exceed 
unity: 



ill 

ill 

ill 



the sum of the fractions of the inhala- 
tion ALI for each radionuclide, or 
the total number of derived air concen- 



tration-hours (DAC-hours) for all 
radionuclides divided by 2,000, or 
the sum of the calculated committed 
effective dose equivalents to aU signifi- 
cantly irradiated organs or tissues (T) 
calculated from bioassay data using 
appropriate biological models and ex- 
pressed as a fraction of the annual 
limit. For the purposes of this Rule an 
organ or tissue is deemed to be signifi- 
cantly irradiated if, for that organ or 
tissue, the product of ffie weighing 
factors, w Ti and the committed dose 
equivalent, H T w p_er unit intake is 
greater than 10 percent of the maximum 
weighted value of H T5 „ (i.e., w r H r 5ll ] 
per unit intake for any organ or tissue. 

(c) If the oecupationally exposed individual also 
receives an intake of radionuclides by oral inges- 
tion greater than 10 percent of the applicable oral 
ALL the licensee shall account for this intake and 
include it in demonstrating compliance with the 
limits. 

(d) The licensee shall evaluate and, to ffie extent 
practical, account for intakes through wounds or 
skin absorption. The intake through intact skin 
has been included m the calculation of DAC for 
hydrogen-3 and does not need to be further evalu- 
ated. 

Statutory Authority G.S. W4E-7(a)(2). 

. 1 606 EXTERNAL DOSE FROM AIRBORNE 
RADIOACTIVE MATERIAL 

Licensees shall, when determining the dose from 
airborne radioactive material, include the contribu- 
tion to the deep-dose equivalent, eye dose equiva- 
lent, and shallow-dose equivalent from external 
exposure to the radioactive cloud. Airborne 
radioactivity measurements and DAC values 
should not be used as ffie primary means to assess 
the deep-dose equivalent when the airborne radio- 
active material includes radionuclides other than 
noble gases or if the cloud of airborne radioactive 
material is not relatively uniform. The determina- 
tion of the deep-dose equivalent to an individual 
should be based upon measurements using instru- 
ments or individual monitoring devices. 

Statutory Authority G.S. 104E-7(a)(2). 

.1607 DETERMINATION OF INTERNAL 



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NORTH CAROLINA REGISTER 



December 15, 1992 



1963 



PROPOSED RULES 



EXPOSURE 

(a) For purposes of assessing dose used to 
determine compliance with occupational dose 
equivalent limits, the licensee shall, when required 
by Rule .1614 of this Section, take suitable and 
timely measurements of: 



£2} 

13] 
14] 



concentrations of radioactive materials 

in air in work areas; or 

quantities of radionuclides in the body; 

or 

quantities of radionuclides excreted 

from the body; or 

combinations of these measurements. 



(b) Unless respiratory protective equipment is 
used, as provided rn Rule . 1620 of this Section, 
or the assessment of intake is based on bioassays. 
the licensee shall assume that an individual inhales 
radioactive material at the airborne concentration 
m which the individual is present. 

(c) When specific information on the physical 
and biochemical properties of the radionuclides 
taken into the body or the behavior of the material 
in an individual is known, the licensee may: 

( 1 j use that information to calculate the 
committed effective dose equivalent, 
provided the licensee documents that 
information in the individual's record: 
and 

(2) upon prior approval of the agency, 
adjust the DAC or ALI values to reflect 
the actual physical and chemical charac- 
teristics of airborne radioactive material 
(e.g., aerosol size distribution or densi- 
ty); and 

(3) separately assess the contribution of 
fractional intakes of Class D. W, or Y 
compounds of given radionuclide to the 
committed effective dose equivalent. 
Requirements for annual limits on 
intake are provided in Appendix B to 
10 CFR j?j? 20.1001 : 20.2401. 

(d) If the licensee chooses to assess intakes of 
Class Y material using the measurements given m 
Subparagraph (a)(2) or (3) of this Rule, the licens- 
ee may delay the recording and reporting of the 
assessments for periods up to seven months, unless 
otherwise required by Rules . 1646 or . 1647 of this 
Section, in order to permit the licensee to make 
additional measurements basic to the assessments. 

(e) If the identity and concentration of each 
radionuclide in a mixture are known, the fraction 
of the DAC applicable to the mixture for use in 
calculating DAC-hours shall be either: 

( 1 ) the sum of the ratios of the concentra- 
tion to the appropriate DAC value 



(e.g., D, W, Y) from Appendix B to 10 
CFR !£ 20.1001 -_ 20.2401 for each 
radionuclide in the mixture; or 
(2) the ratio of the total concentration for 
all radionuclides in the mixture to the 
most restrictive DAC value for any 
radionuclide in the mixture. 

(f) If the identity of each radionuclide in a 
mixture is known, but the concentration of one or 
more of fiie radionuclides in the mixture js not 
known, the DAC for the mixture shall be the most 
restrictive DAC of any radionuclide in the mix- 
ture. 

(g) When a mixture of radionuclides in air 
exists. licensees may disregard certain 
radionuclides in the mixture if: 

( 1 ) the licensee uses the total activity of the 
mixture in demonstrating compliance 
with the dose limits in Rule . 1604 of 
this Section and in complying with the 
monitoring requirements in Rule .1614 
of this Section; 

(2) the concentration of any radionuclide 
disregarded |s less than 10 percent of 
its DAC; and 

(3) the sum of these percentages for all of 
the radionuclides disregarded in the 
mixture does not exceed 30 percent. 

(h) In order to calculate the committed effective 
dose equivalent, the licensee may assume that the 
inhalation of one ALI. or an exposure of 2.000 
DAC-hours. results in a committed effective dose 
equivalent of five rems (0.05 Sv) for radionuclides 
that have their ALIs or DACs based on the com- 
mitted effective dose equivalent. 

(i) When the ALI and the associated DAC are 
determined by the nonstochastic organ dose limit 
of 50 rems (0.5 Sv). the stochastic ALL which is 
the intake of radionuclides that would result in a 
committed effective dose equivalent of five rems 
(0.05 Sv). js listed m parentheses i_n Table 1 of 
Appendix B to 10 CFR SS 20. 1001 - 20.2401 . In 
this case, the licensee may, as a simplifying 
assumption, use the stochastic ALIs to determine 
committed effective dose equivalent. However, if 
the licensee uses the stochastic ALIs. the licensee 
shall also demonstrate that the limit in Pail 
(a)(1)(B) of Rule .1604 of this Section is met. 

Statutory Authority G.S. 104E-7(a)(2). 

.1608 PLANNED SPECIAL EXPOSURES 

A licensee or registrant may authorize an adult 
worker to receive doses in addition to and account- 



I 



I 



I 



ed for separately from the doses received under the 



1964 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



limits specified in Rule . 1604 of this Section 
provided that each of the following conditions is 
satisfied: 

(1) The licensee or registrant authorizes a 
planned special exposure only in an 
exceptional situation when alternatives 
that might avoid the higher exposure are 
unavailable or impractical. 

(2) The licensee or registrant, and employer 
if the employer is riot the licensee or 
registrant, specifically authorizes the 
planned special exposure, in writing, 
before the exposure occurs. 

(3) Before a planned special exposure, the 
licensee or registrant ensures that the 
individuals involved are: 

(a) informed of the purpose of the planned 
operation: 

(b) informed of the estimated doses and 
associated potential risks and specific 
radiation levels or other conditions that 
might be involved jn performing the 
task: and 

instructed m the measures to be taken 
to keep the dose ALARA considering 
other risks that may be present. 

Prior to permitting an individual to par- 
ticipate in a planned special exposure, the 
licensee or registrant ascertains prior 
doses as required by Rule . 1638(b) of 
this Section during the lifetime of the 
individual for each individual involved. 
Subject to Rule . 1604(b) of this Section, 
the licensee or registrant does not autho- 
rize a planned special exposure that 
would cause an individual to receive a 
dose such that the individual's dose from 
all planned special exposures and all 
doses in excess of the limits would ex- 
ceed: 
the numerical values of any of the dose 
limits in Rule. 1604(a) of this Section in 
any year: and 

five times the annual dose limits in 
Rule . 1604(a) of this Section during the 
individual's lifetime. 



individual's record and informs the indi 



fc) 



(4) 



<5j 



uu 



ihl 



(61 



m 



The licensee or registrant maintains 
records of the conduct of a planned spe- 
cial exposure in accordance with Rule 
. 1639 of this Section and submits a writ- 
ten report in accordance with Rule . 1648 
of this Section. 

The licensee or registrant records the best 
estimate of the dose resulting from the 
planned special exposure in the 



vidual, in writing, of the dose within 30 
days from the date of the planned special 
exposure. The dose from planned special 
exposures is not to be considered ]n 
controlling future occupational dose of 
the individual under Rule . 1604(a) of this 
Section but js to be included jn evalua- 
tions required by Items (4) and (5) of this 
Rule. 

Statutory Authority G.S. 104E-7(a)(2); 104E-12. 

.1609 OCCUPATIONAL DOSE LIMITS FOR 
MINORS 

The annual occupational dose limits for minors 
are 10 percent of the annual dose limits specified 
for adult workers in Rule . 1604 of this Section. 

Statutory Authority G.S. 104E-7(a)(2). 

.1610 DOSE TO AN EMBRYO/FETUS 

(a) The licensee or registrant shall ensure that 
the dose to an embryo/fetus during the entire 
pregnancy, due to occupational exposure of a 
declared pregnant woman, does not exceed 0.5 
rem {5 mSv). Recordkeeping requirements for 
doses to an embryo/fetus are provided in Rule 
.1640 of this Section. 

(b) The licensee or registrant shall make efforts 
to avoid substantial variation above a uniform 
monthly exposure rate to a declared pregnant 
woman so as to satisfy the limit in Paragraph (a) 
of this Rule. 

(c) The dose to an embryo/fetus shall be taken 
as the sum of: 

( 1 ) the deep-dose equivalent to the declared 
pregnant woman: and 

(2) the dose to the embryo/fetus from 
radionuclides in the embryo/fetus and 
radionuclides in the declared pregnant 
woman. 

(d) If the dose to the embryo/fetus js found to 
have exceeded 0.5 rem £5 mSv). or is within 0.05 
rem (0.5 mSv) of thjs dose, by the time the wom- 
an declares the pregnancy to the licensee or regis- 
trant, the licensee or registrant shall be deemed to 
be jn compliance with Paragraph (a) of this Rule 
jf the additional dose to the embryo/fetus does not 
exceed 0.05 rem (0.5 mSv) during the remainder 
of the pregnancy. 

Statutory Authority G.S. 104E-7(a)<2). 

.1611 DOSE LIMITS FOR INDIVIDUAL 



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NORTH CAROLINA REGISTER 



December 15, 1992 



1965 



PROPOSED RULES 



[a) 



MEMBERS OF THE PUBLIC 

Each licensee or registrant shall conduct 



operations so that: 

( 1 ) The total effective dose equivalent to 
individual members of the public from 
the licensed or registered operation 
does not exceed 0. 1 re pi ]J_ mSv) in a 
year, exclusive of the dose contribution 
from the licensee's disposal of radioac- 
tive material into sanitary sewerage in 
accordance with Rule .1630 of this 
Section; and 

(2) The dose in any unrestricted area from 
external sources of radiation does not 
exceed 0.002 rem (0.02 mSv) in any 
one hour. 

(b) If the licensee or registrant permits members 
of the public to have access to controlled areas, the 
limits for members of the public continue to apply 
to those indi\ iduals. 

(c) A licensee, registrant, license applicant or 
registration applicant may apply to the agenc\' for 
prior authorization to operate ugto an annual dose 
limit for an individual member of the public of 0.5 
rem (5 mSv). The licensee, registrant, license 
applicant or registration applicant shall include the 
following information in this application: 



(L 



O} 



m 



demonstration of the need for and the 
expected duration of operations in 
excess of the limit in Paragraph (a) of 
this Rule: 

the licensee's program to assess and 
control dose within the 0.5 rem £5 
mSv) annual limit: and 
the procedures to be followed to main- 
tain the dose as low as is reasonably 
achievable. 



(d) The agenc\ r may impose additional restric- 
tions on radiation levels in unrestricted areas and 
on the total quantity of radionuclides that a licens- 
ee may release in effluents in order to restrict the 
collective dose. 



Statutory Authority G.S. 104E-7(a)(2). 

.1612 COMPLIANCE WITH DOSE LIMITS 
FOR MEMBERS OF THE PUBLIC 

la) The licensee or registrant shall make or 
cause to be made, as appropriate, surveys of 
radiation levels in unrestricted and controlled areas 
and measurements and surveys of radioactive 
materials m effluents released to unrestricted and 
controlled areas to demonstrate compliance with 
the dose limits for individual members of the 
public in Rule .1611 of this Section. 



(b) A licensee or registrant shall show compli- 
ance with the annual dose limit in Rule . 161 1 of 
this Section by: 

( 1 ) demonstrating by measurement or 
calculation that the total effective dose 
equivalent to the individual likely to 
receive the highest dose from the li^ 
censed or registered operation does not 
exceed the annual dose limit: or 

(2) demonstrating that: 

(A) The annual average concentrations of 
radioactive material released in gas- 
eous and liquid effluents at the bound- 
ary of the unrestricted area do not 
exceed the values specified m Table 2 
of Appendix B to 10 CFR 5S 20. 1001 
- 20.2401: and 

(B) If an individual were continually 
present in an unrestricted area, the 
dose from external sources of radia- 
tion would not exceed 0.002 rem 
(0.02 mSv) in an hour and 0.05 rem 
(0.5mSv) in a year. 

(c) Upon approval from the agency, the licensee 
may adjust the effluent concentration values in 
Appendix B to 10 CFR ^ 20.1001 -_ 20.2401. 
Table 2_. for members of the public, to take into 
account the actual physical and chemical character- 
istics of the effluents (e.g.. aerosol size distribu- 
tion, solubility, density 1 . radioactive decay equilib- 
rium, chemical form). 

Statutory Authority G.S. 104E-7 (a)(2). 

.1613 SURVEYS 

(a) Each licensee or registrant shall make or 
cause to be made, surveys that: 

( 1 ) may be necessary for the licensee or 
registrant to comply with the rules fn 
this Section; and 

(2) are reasonable under the circumstances 
to evaluate: 

(A) the extent of radiation levels: 

(B) concentrations or quantities of radio- 
active material; and 

(C) the potential radiological hazards that 
could be present. 

(b) The licensee or registrant shall ensure that 
instruments and equipment used for quantitative 
radiation measurements (e.g.. dose rate and efflu- 
ent monitoring) are calibrated periodically for the 
radiation measured. 

(c) All personnel dosimeters (except for direct 
and indirect reading pocket ionization chambers 
and those dosimeters used to measure the dose to 



« 



t 



4 



1966 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



the extremities) that require processing to deter- 
mine the radiation dose and that are used by 
licensees or registrants to comply with Rule . 1604 
of this Section, with other applicable provisions of 
this Chapter, or with conditions specified in a 
license shall be processed and evaluated by a 
dosimetry processor: 

(1) Holding current personnel dosimetry 
accreditation from the National Volun- 
tary Laboratory Accreditation Program 
(NVLAP) of the National Institute of 
Standards and Technology; and 

(2) Approved jn this accreditation process 
for the type of radiation or radiations 
included in the NVLAP program that 
most closely approximates the type of 
radiation or radiations for which the 
individual wearing the dosimeter is 
monitored. 

(d) Exposure of a personnel monitoring device 
to deceptively indicate a dose delivered to an 
individual js prohibited. 

Statutory Authority G.S. 104E-7(a)(2). 

.1614 MONITORING OF EXTERNAL AND 
INTERNAL OCCUPATIONAL DOSE 

Each licensee or registrant shall monitor expo- 
sures to radiation and radioactive material at levels 
sufficient to demonstrate compliance with the 
occupational dose limits of this Section. As a 
minimum: 

( 1 ) Each licensee or registrant shall monitor 
occupational exposure to radiation and 
shall supply and require the use of indi- 
vidual monitoring devices by: 

(a) adults likely to receive, jn one year 
from sources external to the body, a 
dose in excess of JO percent of the 
limits in Rule . 1604(a) of this Section, 

(b) minors and declared pregnant women 
likely to receive, in one year from 
sources external to the body, a dose in 
excess of JO percent of any of the 
applicable limits in Rules . 1609 or 
.1610 of this Section, and 

(c) individuals entering a high or very high 
radiation area. 

(2) Each licensee shall monitor the occupa- 
tional intake of radioactive material by 
and assess the committed effective dose 
equivalent to: 

(a) adults likely to receive, in one year, an 
intake in excess of JO percent of the 
applicable ALI(s) in Table J^ Columns 



i and 2^ of Appendix B to JO CFR §& 
20.1001 - 20.2401; and 
(b) minors and declared pregnant women 
likely to receive, in 1 year, a commit- 
ted effective dose equivalent in excess 
of 0.05 rem (0.5 mSv). 

Statutory Authority G.S. 104E-7 (a)(2). 

.1615 CONTROL OF ACCESS TO HIGH 
RADIATION AREAS 

(a) The licensee or registrant shall ensure that 
each entrance or access point to a high radiation 
area has one or more of the following features: 

(1) a control device that, upon entry into 
the area, causes the level of radiation to 
be reduced below that level at which an 
individual might receive a deep-dose 
equivalent of CM rem (_1_ mSv) in one 
hour at 30 centimeters from the radia- 
tion source or from any surface that the 
radiation penetrates; 

(2) a control device that energizes a con- 
spicuous visible or audible alarm signal 
so that the individual entering the high 
radiation area and the supervisor of the 
activity are made aware of the entry; or 

(3) entryways that are locked, except dur- 
ing periods when access to the areas is 
required, with positive control over 
each individual entry. 

(b) In place of the controls required by Para- 
graph (a) of this Rule for a high radiation area, the 
licensee or registrant may substitute continuous 
direct or electronic surveillance that is capable of 
preventing unauthorized entry. 

(c) Any licensee, registrant or applicant for a 
license or registration may apply to the agency for 
approval of alternative methods for controlling 
access to high radiation areas. The agency will 
approve alternatives ]f the licensee, registrant or 
applicant demonstrates that the alternative methods 
of control will prevent unauthorized entry into a 
high radiation area, and that the requirements of 
Paragraph (a) of this Rule are met. 

(d) The licensee or registrant shall establish the 
controls required by Paragraphs (a) and (c) of this 
Rule in a way that does not prevent individuals 
from leaving a high radiation area. 

(e) Control \_s not required for each entrance or 
access point to a room or other area that is a high 
radiation area solely because of the presence of 
radioactive materials prepared for transport and 
packaged and labeled in accordance with the 
regulations of the U.S. Department of Transporta- 



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December 15, 1992 



1967 



PROPOSED RULES 



tion provided that: 

( 1 ) the packages do not remain jn the area 
longer than three days; and 

(2) the dose rate at one meter from the 
external surface of any package does 
not exceed 0.01 rem (0. 1 mSv) per 
hour. 

(f) Control of entrance or access to rooms or 
other areas jn hospitals js not required solely 
because of the presence of patients containing 
radioactive material, provided that there are 
personnel m attendance who will take the neces- 
sary precautions to prevent the exposure of indi- 
viduals to radiation or radioactive material in 
excess of the limits established jn this Section and 
to operate within the ALARA provisions of the 
licensee's radiation protection program. 

Statutory Authority G.S. 104E-7(a)(2). 

.1616 CONTROL OF ACCESS TO VERY 
HIGH RADIATION AREAS 

in addition to the requirements jn Rule . 1615 of 
this Section, the licensee or registrant shall insti- 
tute additional measures to ensure that an individu- 
aj js not able to gain unauthorized or inadvertent 
access to areas jn which radiation levels could be 
encountered at 500 rads (5 grays) or more jn one 
hour at one meter from a radiation source or any 
surface through which the radiation penetrates . 

Statutory Authority- G.S. 104E-7(a)(2). 

.1617 ACCESS TO VERY HIGH 

RADIATION AREAS: IRRADIATORS 

(a) Each area jn which there may exist radiation 
levels in excess of 500 rads (5 grays) ]n one hour 
at one meter from a source of radiation that js used 
to irradiate materials shall meet the following 
requirements: 

( 1 ) Each entrance or access point shall be 
equipped with entry control devices 
which: 

(A) function automatically to prevent any 
individual from inadvertently entering 
the area when very high radiation 
levels exist; 

(B) permit deliberate entry into the area 
only after a control device js actuated 
that causes the radiation level within 
the area, fro m the source of radiation^ 



to be reduced below that at which jt 
would be possible for an individual to 
receive a deep-dose equivalent jn 
excess of 0. 1 rem [\_ mSv) jn one 



hour; and 
(C) prevent operation of ttie source of 
radiation if the source would produce 
radiation levels jn the area that could 
result jn a deep-dose equivalent to an 
individual jn excess of CM rem 
( lmSv) jn one hour. 

(2) Additional control devices shall be 
provided so that, upon failure of the 
entry control devices to function as 
required by Subparagraph (a)(l ) of this 
Rule: 

(A) The radiation level within the area, 
from the source of radiation, js re- 
duced below that at which jt would be 
possible for an individual to receive a 
deep-dose equivalent jn excess of 0. 1 
rem {1 mSv) jn one hour; and 

(B) Conspicuous visible and audible alarm 
signals are generated to make an 
individual attempting to enter the area 
aware of the hazard and at least one 
other authorized individual, who js 
physically present, familiar with the 
activity, and prepared to render or 
summon assistance, aware of the 
failure of the entry control devices. 

(3) The licensee or registrant shall provide 
control devices so that, upon failure or 
removal of physical radiation barriers 
other than the shielded storage contain- 
er: 

(A) The radiation level from the source of 
radiation js reduced below that at 
which jt would be possible for an 
individual to receive a deep-dose 
equivalent jn excess of CM rem {]_ 
mSv) jn one hour; and 

( B) Conspicuous visible and audible alarm 
signals are generated to make poten- 
tially affected individuals aware of the 
h azard and the licensee or registrant 
or at least one other individual, who 
js familiar with the activity and pre- 
pared to render or summon assistance, 
aware of the failure or removal of the 
physical barrier. 

(4) When the shield for the stored source 
of radiation js a liquid, the licensee or 
registrant shall provide means to moni- 
tor the integrity of the shield and to 
signal, automatically, loss of adequate 
shielding. 

(5) Physical radiation barriers that com- 
prise permanent structural components. 



♦ 



I 



4 



196,S 



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December 15, 1992 



PROPOSED RULES 



such as walls, that have no credible 
probability of failure or removal in 
ordinary' circumstances need not meet 
the requirements of Subparagraphs 
(a)(3) and (4) of this Rule. 

(6) Each area shall be equipped with a 
clearly identified control device which 
can prevent the source of radiation 
from being put into operation. 

(7) Each area shall be equipped with devic- 
es that will automatically generate 
conspicuous visible and audible alarm 
signals to alert personnel jn the area 
before the source of radiation can be 
put into operation and jn sufficient time 
for any individual in the area to operate 
the control device required by Subpara- 
graph (a)(6) of this Rule. 

(8) Each area shall be controlled by use of 
such administrative procedures and such 
devices as are necessary to ensure that 
the area is cleared of personnel prior to 
each use of the source of radiation. 

(9j Each area shall be checked by a radia- 
tion measurement to ensure that, prior 
to the first individual's entry into the 
area after any use of the source of 
radiation, the radiation level fro m the 
source in the area is below that at 
which it would be possible for an indi- 
vidual to receive a deep-dose equivalent 
in excess of 0. 1 rem [\_ mSv) in one 
hour. 

( 10) The entry control devices required jn 

Subparagraph (a)(1) of this Rule shall 

have been tested for proper functioning. 

Recordkeeping requirements relating to 

these tests are provided in Rule . 1 643 

of this Section. 

(A) Testing shall be conducted prior to 

initial operation of the source of 

radiation on any day, unless opera- 



tions were continued uninterrupted 
from the previous day; 

(B) Testing shall be conducted prior to 
resumption of operation of the source 
of radiation after any unintended 
interruption; and 

(C) The licensee or registrant shall submit 
and adhere to a schedule for periodic 
tests of the entry control and warning 
systems. 

(11) The licensee or registrant shall not 
conduct operations, other than those 
necessary to place the source of radia- 



tion in safe condition or to effect re- 
pairs on controls, unless control devices 
are functioning properly. 
Entry and exit portals that are used in 
transporting materials to and from the 
irradiation area, and that are not intend- 
ed for use by individuals, shall be 
controlled by such devices and adminis- 
trative procedures as are necessary to 
physically protect and warn against 
inadvertent entry by any individual 
through these portals. Exit portals for 
processed materials shall be equipped to 
detect and signal the presence of any 
loose radiation sources that are carried 
toward such an exit and to automatical- 
ly prevent loose radiation sources fro m 
being carried out of the area. 

(b) Any licensee, registrant or applicant for a 
license or registration for sources of radiation that 
are subject to Paragraph (a) of this Rule and that 
will be used jn a variety of positions or jn loca- 
tions, such as open fields or forests, that make jt 
impracticable to comply with certain requirements 
of Paragraph (a) of this Rule, such as those for the 
automatic control of radiation levels, may apply to 
the agency for approval of the use of alternative 
safety measures. Any alternative safety measures 
shall provide a degree of personnel protection at 
least equivalent to those specified jn Paragraph (a) 
of this Rule. At least one of the alternative mea- 
sures shall include an entry-preventing interlock 
control based on a measurement of the radiation 
that ensures the absence of high radiation levels 
before an individual can gain access to the area 
where such radiation sources are used. 

(c) The entry' control devices required by Para- 
graphs (a) and (b) of this Rule shall be established 
in such a way that no individual will be prevented 
from leaving the area. 

(d) This Rule applies to radiation from non-self- 
shielded irradiators. This Rule does not apply to 
sources of radiation that are used in therapy, in 
radiography, or in completely self-shielded 
irradiators jn which the source of radiation js both 
stored and operated within the same shielding 
radiation barrier and, jn the designed configuration 
of ffie irradiator, js always physically inaccessible 
to any individual and cannot create high levels of 
radiation in an area that is accessible to any indi- 
vidual. This Rule also does not apply to sources 
of radiation from which the radiation js incidental 
to some other use. 

Statutory Authority G.S. 104E-7(a)(2). 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1969 



■ — m«« 



PROPOSED RULES 



.1618 USE OF PROCESS OR OTHER 
ENGINEERING CONTROLS 

The licensee shall use, to the extent practicable, 
process or other engineering controls (e.g., con- 
tainment or ventilation) to control the concentra- 
tions of radioactive material jn air. 

Statutory Authority G.S. 104E-7(a)(2). 

.1619 USE OF OTHER CONTROLS TO 

RESTRICT INTERNAL EXPOSURE 

When it is not practicable to apply process or 
other engineering controls to control the concentra- 
tions of radioactive material in air to values below 
those that define an airborne radioactivity area, the 
licensee shall, consistent with maintaining the total 
effective dose equivalent ALARA. increase moni- 
toring and limit intakes of radionuclides by one or 
more of the following means: 



iii 

m 

£3} 

(4) 



the control of access to the area; 
the limitation of exposure times of per- 
sonnel in the area; 

the use of respiratory protection equip- 
ment; or 
other controls. 



[2] 



Statutory Authority G.S. ]04E-7(a)(2). 

. 1 620 USE OF INDIVIDUAL RESPIRATORY 
PROTECTION EQUIPMENT 

(a) If the licensee uses respiratory protection 
equipment to limit intakes pursuant to Rule .1619 
of this Section the licensee shall: 

( 1 ) use only respiratory protection equip- 
ment that is tested and certified or had 
certification extended by the National 
Institute for Occupational Safety and 
Health/Mine Safety and Health Admin- 
istration (NIOSH/MSHA); 
if the licensee wishes to use equipment 
that has not been tested or certified by 
NIOSH/MSHA, has not had certifica- 
tion extended by NIOSH/MSHA. or for 
which there is no schedule for testing 
or certification, submit an application 
for authorized use of that equipment, 
including a demonstration by testing, or 
a demonstration on the basis of reliable 
test information, that the material and 
performance characteristics of the 
equipment are capable of providing the 
proposed degree of protection under 
anticipated conditions of use: 
implement and maintain a respiratory 
protection program that includes: 



(3) 



(A) air sampling sufficient to identify' the 
potential hazard, permit proper equip- 
ment selection, and estimate expo- 
sures; 

(B) surveys and bioassays, as appropriate. 
to evaluate actual intakes; 

(C) testing of respirators for operability 
immediately prior to each use; 

(D) written procedures regarding selec- 
tion, fitting, issuance, maintenance, 
and testing of respirators, including 
testing for operability immediately 
prior to each use; supervision and 
training of personnel; monitoring. 
including air sampling and bioassays; 
and record keeping; and 

(E) determination by a physician prior to 
initial fitting of respirators, and at 
least every 12 months thereafter, that 
the individual user is physically able 
to use the respiratory protection 
equipment; 

(4) issue a written policy statement on 
respirator usage covering: 

(A) the use of process or other engineer- 
ing controls, instead of respirators; 

(B) the routine, non-routine, and emer- 
gency use of respirators; and 

(C) the periods of respirator use and relief 
from respirator use. 

(5) advise each respirator user that the user 
may leave the area at any time for 
relief from respirator use in the event 
of equipment malfunction, physical or 
psychological distress, procedural or 
communication failure. significant 
deterioration of operating conditions, or 
any other conditions that might require 
such relief; and 

(6) use equipment within limitations for 
type and mode of use and shall provide 
proper visual, communication, and 
other special capabilities, such as ade- 
quate skin protection, when needed. 

(b) In estimating exposure of individuals to 
airborne radioactive materials, the licensee may 
make allowance for respiratory protection equip- 
ment used to limit intakes pursuant to Rule .1619 
of this Section, provided that the following condi- 
tions, [n addition to those in Paragraph (a) of this 
Rule, are satisfied: 

( 1 ) The licensee selects respiratory protec- 
tion equipment that provides a protec- 
tion factor, as specified m Appendix A 
to 10 CFR £§ 20.1001 20.2401. 



♦ 



I 



♦ 



1970 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



01 



LAI 



IB] 



greater than the multiple by which peak 
concentrations of airborne radioactive 
materials in the working area are ex- 
pected to exceed the values specified in 
Appendix B to 10 CFR ££ 20.1001 - 
20.2401, Table _L Column 3, If the 
selection of a respiratory protection 
device with a protection factor greater 
than the peak concentration is inconsis- 
tent with the goal specified in Rule 
.1619 of this Section of keeping the 
total effective dose equivalent ALARA, 
the licensee may select respiratory 
protection equipment with a lower 
protection factor only if such a selection 
would result m keeping the total effec- 
tive dose equivalent ALARA. The 
concentration of radioactive material in 
the air that is inhaled when respirators 
are worn may be initially estimated by 
dividing the average concentration in 
air, during each period of uninterrupted 
use, by the protection factor. If the 
exposure is later found to be greater 
than estimated, the corrected value shall 
be used. If the exposure is later found 
to be less than estimated, the corrected 
value may be used. 

The licensee shall obtain authorization 
from the agency before assigning respi- 
ratory protection factors in excess of 
those specified in Appendix A to 10 
CFR SS 20.1001 - 20.2401. The agen- 
cy may authorize a licensee to use 
higher protection factors on receipt of 
an application that: 

describes the situation for which a 

need exists for higher protection 

factors, and 

demonstrates 



that the respiratory 



protection equipment provides these 
higher protection factors under the 
proposed conditions of use. 

(c) The licensee shall use as emergency devices 
only respiratory protection equipment that has been 
specifically certified or had certification extended 
for emergency use by NIOSH/MSHA. 

(d) The licensee shall notify the agency, in 
writing, at least 30 days before the date that 
respiratory protection equipment is first used under 
the provisions of either Paragraph (a) or [bj of this 
Rule. 

Statutory Authority G. S. 104E-7(a)(2); 104E-12(a). 



.1621 RESTRICTIONS ON THE USE OF 
RESPIRATORY PROTECTION 
EQUIPMENT 

The agency may impose restrictions in addition 
to those in Rules .1619 and .1620 of this Section, 
and Appendix A to 10 CFR 3S 20. 1001 - 20.2401 
toi 

( 1 ) ensure that the respiratory protection 
program of the licensee is adequate to 
limit exposures of individuals to airborne 
radioactive materials; and 

(2) limit the extent to which a licensee may 
use respiratory protection equipment 
instead of process or other engineering 
controls. 

Statutory Authority G.S. 104E-7 (a)(2). 

.1622 SECURITY OF SOURCES OF 
RADIATION 

(a) The licensee or registrant shall secure from 
unauthorized removal or access sources of radia- 
tion that are stored in controlled or unrestricted 
areas . 

(b) The licensee or registrant shall control and 
maintain constant surveillance of sources of radia- 
tion that are in a controlled or unrestricted area 
and that are not in storage. 



Statutory Authority G.S. 104E-7 (a)(2). 

.1623 CAUTION SIGNS 

(a) Unless otherwise authorized by the agency, 
the symbol prescribed by the rules of this Chapter 
shall use the colors magenta, or purple, or black 
on yellow background. The radiation symbol 
prescribed by the rules of this Chapter is the 
standard three-bladed design. 

( 1 ) The blades and interior circle shall be 
magenta, purple, or black; and 

(2) The background shall be yellow. 

(b) Notwithstanding the requirements of Para- 
graph (a) of this Rule, licensees and registrants are 
authorized to label sources, source holders, or 
device components containing sources of radiation 
that are subjected to high temperatures, with 
conspicuously etched or stamped radiation caution 
symbols and without a color requirement. 

(c) In addition to the contents of signs and labels 
prescribed in fhe rules of this Chapter, the licensee 
or registrant may provide, on or near the required 
signs and labels, additional information, as appro- 
priate, to make individuals aware of potential 
radiation exposures and to minimize the exposures. 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1971 



IMAHJUUHBHSDaaa 



PROPOSED RULES 



Statutory Authority G.S. W4E-7(a)(2). 

.1624 POSTING REQUIREMENTS 

(a) The licensee or registrant shall post each 
radiation area with a conspicuous sign or signs 
bearing the radiation symbol and the words: 

CAUTION 
RADIATION AREA 

lb) The licensee or registrant shall post each 
high radiation area with a conspicuous sign or 
signs bearing the radiation symbol and the words: 

CAUTION 



HIGH RADIATION AREA 



or the words: 



DANGER 
HIGH RADIATION AREA 

(c) The licensee or registrant shall post each 
very high radiation area with a conspicuous sign or 
signs bearing the radiation symbol and words: 

GRAVE DANGER 
VERY HIGH RADIATION AREA 

id) The licensee shall post each airborne radio- 
activity area with a conspicuous sign or signs 
bearing the radiation symbol and the words: 

CAUTION- 
AIRBORNE RADIOACTIVITY AREA 
or the words: 

DANGER 
AIRBORNE RADIOACTIVITY AREA 

(e) The licensee shall post each area or room in 
which there js used or stored an amount of IN 
censed radioactive material exceeding 10 times the 



quantity of such material specified in Appendix C 
to 10 CFR 3$ 20.1001 - 20.2401 with a conspicu- 
ous sign or signs bearing the radiation symbol and 
the words: 

CAUTION 



RADIOACTIVE MATERIAL(S) 
or the words: 

DANGER 
RADIOACTIVE MATERIAL(S) 

Statutory Authority G.S. W4E-7(a)(2). 

.1625 EXCEPTIONS TO POSTING 
REQUIREMENTS 



(a) A licensee is not required to post caution 
signs in areas or rooms containing radioactive 
materials for periods of less than eight hours, if 
each of the following conditions js met: 

( 1 ) The materials are constantly attended 
during these periods by an individual 
who takes the precautions necessary to 
prevent the exposure of individuals to 
radiation or radioactive materials in 
excess of the limits established jn the 
rules in this Section; and 

(2) The area or room js subject to the 
licensee's control. 

(b) Rooms or other areas in hospitals that are 
occupied by patients are not required to be posted 
with caution signs pursuant to Rule . 1624 of this 
Section provided that: 

( 1 ) The patient is being treated with sealed 
sources or has been treated with un- 
sealed radioactive material jn quantities 
less than 30 millicuries (110 M Bq ) . or 
the measured dose rate at one meter 
from the patient is less than 0.005 rem 
(0.05 mSv) per hour; and 

(2) There are personnel jn attendance who 
will take the necessary precautions to 
prevent the exposure of individuals to 
radiation or radioactive material in 
excess of the limits established in this 
Section and to operate within the 
ALARA provisions of the licensee's 
radiation protection program. 

(c) A room or area js not required to be posted 
with a caution sign because of fhe presence of a 
sealed source provided the radiation level at 30 
centimeters from the surface of ffie source contain- 
er or housing does not exceed 0.005 rem (0.05 
mSv) per hour. 

Statutory Authority G.S. 104E-7(a)(2). 

.1626 LABELING REQUIREMENTS AND 
EXEMPTIONS 

(a) The licensee shall ensure that each container 
of licensed radioactive material bears a durable, 
clearly visible label bearing the radiation symbol 
and the words: 

CAUTION 



I 



I 



RADIOACTIVE MATERIAL 



or the words: 



DANGER 



4 



RADIOACTIVE MATERIAL 



1972 



7:18 



XORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



The label shall also provide sufficient information 
(such as the radionuclide(s) present, an estimate of 
the quantity of radioactivity, the date for which the 
activity js estimated, radiation levels, kinds of 
materials, and mass enrichment) to permit individ- 
uals handling or using the containers, or working 
in the vicinity of the containers, to take precau- 
tions to avoid or minimize exposures. 

(b) Each licensee shall, prior to removal or 
disposal of empty uncontaminated containers to 
unrestricted areas, remove or deface the radioac- 
tive material label or otherwise clearly indicate 
that the container no longer contains radioactive 
materials, 

(c) A licensee is not required to label: 

(1 ) containers holding licensed radioactive 
material in quantities less than the 
quantities listed in Appendix C to 10 
CFR §§ 20.1001 - 20.2401: 
containers holding licensed radioactive 



121 



131 



(4i 



ill 



LM 



material in concentrations less than 
those specified m Table 3 of Appendix 
B to 10 CFR §§ 20.1001 - 20.2401; 
containers attended by an individual 
who takes the precautions necessary to 
prevent the exposure of individuals in 
excess of the limits established by this 
Section; 

containers when they are jn transport 
and packaged and labeled in accordance 
with the regulations of the U.S. Depart- 
ment of Transportation, 
containers that are accessible only to 
individuals authorized to handle or use 
them, or to work in the vicinity of the 
containers, if the contents are identified 
to these individuals by a readily avail- 
able written record, for example, con- 
tainers in locations such as water-filled 
canals, storage vaults, or hot cells, 
provided the record shall be retained as 
long as the containers are in use for the 
purpose indicated on the record; or 
installed manufacturing or process 
equipment, such as piping and tanks. 



Statutory Authority G.S. 104E-7(a)(2). 

. 1 627 PROCEDURES FOR RECEIVING AND 
OPENING PACKAGES 

(a) Each licensee who expects to receive a 
package containing quantities of radioactive materi- 
al in excess of a Type A quantity, as defined in 
Rule .0104 of this Chapter, shall make arrange- 
ments to receive: 



(1) the package when the carrier offers h 
for delivery; or 

(2) notification of the arrival of the package 
at the carrier's terminal and to take 
possession of the package expeditiously. 

(b) Each licensee, upon receipt of a package 
containing radioactive material, shall monitor the 
external surfaces of the package for radioactive 
contamination and radiation levels if the package: 

(1) is labeled as containing radioactive 
material; or 

(2) has evidence of potential contamination, 
such as packages that are crushed, wet. 
or damaged. 

(c) The licensee shall perform the monitoring 
required by Paragraph (b) of this Rule as soon as 
practicable after receipt of the package, but not 
later than three hours after the package is received 
at the licensee's facility if it is received during the 
licensee's normal working hours, or not later than 
three hours from the beginning of the next work- 
ing day if ft is received after working hours. 

(d) The licensee shall immediately notify the 
final delivery carrier and, by telephone and tele- 
gram , mail gram, or facsimile, the agency when: 

(1) removable radioactive surface contami- 
nation exceeds the limits of fO CFR ^ 
71.87(i); or 

(2) external radiation levels exceed the 
limits of 10 CFR § 71.47. 

(e) Each licensee shall: 

(1) establish, maintain, and retain written 
procedures for safely opening packages 
in which radioactive material is re- 
ceived; and 

(2) ensure that the procedures are followed 
and that due consideration is given to 
special instructions for the type of 
package being opened. 

(f) Licensees transferring special form sources 
in licensee-owned or licensee-operated vehicles to 
and from a work site are exempt from the contami- 
nation monitoring requirements of Paragraph (b) of 
this Rule, but are not exempt from the survey 
requirement in Paragraph (b) of this Rule for 
measuring radiation levels that is required to 
ensure that the source is still properly lodged m its 
shield. 

Statutory Authority G. S. 104E-7 '(a)(2); 104E- 12(a). 

.1628 GENERAL REQUIREMENTS FOR 
WASTE DISPOSAL 

(a) A licensee shall dispose of licensed radioac- 
tive material only: 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1973 



PROPOSED RULES 



ill 

m 

13] 
ill 
15} 



by transfer to an authorized recipient as 
provided in Section .0300 of this Chap- 
ter; 

by decay fn storage; 
by release in effluents within the limits 
in Rule .1611 of this Section; or 
as authorized by Rules .1629, . 1630, 
.1631. or . 1632 of this Section; or 
a land disposal facility licensed under 
Section .1200 of this Chapter or equiva- 
lent regulations of the U.S. Nuclear 
Regulatory Commission or an agree- 
ment state, 
(b) Except as provided in Section . 1200 of this 

Chapter, no licensee shall receive radioactive 

waste from other persons for: 

( 1 ) treatment prior to disposal; 

(2) treatment or disposal by incineration; 

(3) decay in storage; or 

(4) disposal. 

Statutory Authority G.S. 104E-7(a)(2). 

. 1 629 METHOD FOR OBTAINING 
APPROVAL OF DISPOSAL 
PROCEDURES 

A licensee or applicant for a license may apply 
to the agency for approval of proposed procedures, 
not otherwise authorized in this Section, to dispose 
of licensed radioactive material generated in the 
licensee's activities. Each application shall in- 
clude: 

a description of the waste containing 
licensed radioactive material to be dis- 
posed of, including the physical and 
chemical properties important to risk 
evaluation, and the proposed manner and 
conditions of waste disposal; 
an analysis and evaluation of pertinent 
information on the nature of the environ- 
ment; 

the nature and location of other potential- 
ly affected licensed and unlicensed facili- 
ties; and 

analyses and procedures to ensure that 
doses are maintained ALARA and within 
the dose limits in this Section. 



01 



(21 



ill 



Ml 



Statutory Authority G.S. 104E-7(a)(2). 



.1630 



[a] 



DISPOSAL BY RELEASE INTO 
SANITARY SEWERAGE 

A licensee may discharge licensed radioac- 



( 1 ) The material is readily soluble in water 
or is biological material that js readily 
dispersible in water; and 

(2) The quantity of licensed or other radio- 
active material that the licensee releases 
into the sewer in one month divided by 
the average monthly volume of water 
released into the sewer by the licensee 
does not exceed the concentration listed 
in Table 3 of Appendix B to 10 CFR §§ 
20.1001 - 20.2401: and 

(3) If more than one radionuclide is re- 
leased, the following conditions shall 
also be satisfied: 

(A) The licensee shall determine the frac- 



« 



tive material into sanitary sewerage if each of the 
following conditions is satisfied: 



tion of the limit fn Table 3 of Appen- 
dix B to 10 CFR jjjj 20.1001 : 
20.2401 represented by discharges 
into sanitary sewerage by dividing the 
actual monthly average concentration 
of each radionuclide released by the 
licensee into the sewer by the concen- 
tration of that radionuclide listed i_n 
Table 3 of Appendix B to 10 CFR 
3S20.1001 - 20.2401; and 
(B) The sum of the fractions for each 
radionuclide required by Part 
(a)(3)(A) of this Rule does not exceed 
unity; and 
(4) The total quantity of licensed and other 
radioactive material that the licensee 
releases into the sanitary sewerage 
system in a year does not exceed five 
curies ( 185 GBq) of hydrogen-3. one 
curie (37 GBq) of carbon- 14, and one 
curie (37 GBq) of all other radioactive 
materials combined, 
(b) Excreta from individuals undergoing medical 
diagnosis or therapy with radioactive material is 
not subject to the limitations contained in Para- 
graph (a) of this Rule. 

Statutory Authority G.S. 104E-7(a)(2); 104E- 

7(a)(5). 

.1631 TREATMENT OR DISPOSAL BY 
INCINERATION 

A licensee may treat or dispose of licensed 
radioactive material by incineration only m the 
amounts and forms specified jn Rule . 1632 or as 
specifically approved by the agency pursuant to 
Rule .1629 of this Section. 

Statutory Authority G.S. 104E-7(a)(2). 



« 



t 



1974 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



.1632 DISPOSAL OF SPECIFIC WASTES 

(a) A licensee may dispose of the following 
license d radioactive material without regard to its 
radioactivity: 

(1) 0.05 microcurie ( 1 .85 kBq), or less, of 
hydrogen-3, carbon- 14 or iodine- 125 
per gram of medium used for liquid 
scintillation counting; and 

(2) 0.05 microcurie (1.85 kBq), or less, of 
hydrogen-3, carbon- 14 or iodine-125 
per gram of animal tissue, averaged 
over the weight of the entire animal. 

(b) A licensee may not dispose of tissue pursu- 
ant to Subparagraph (a)(2) of this Rule jn a manner 
that would permit its use either as food for humans 
or as animal feed. 

(c) The licensee shall maintain records of 
disposals made pursuant to Subparagraph (a)(2) of 
this Rule in accordance with Rule . 1642 of this 
Section. 

Statutory Authority G.S. 104E-7 (a)(2); 104E- 
7(a)(5); 104E-12(a). 

.1633 TRANSFER FOR DISPOSAL AND 
MANIFESTS 

(a) The licensee shall prepare a shipment mani- 
fest which shall accompany each shipment of waste 
and which shall include the following information: 



12} 
13) 



iD) 
til 



the name, address and telephone num- 
ber of the person generating the waste; 
the name, address and telephone num- 
ber of the person transporting the waste 
to ffie waste disposal facility; 
as complete a statement as practicable 
of the following information: 
a physical description of the waste, 
the waste volume. 

the radionuclide identity and quantity, 
the total quantity of radioactivity, 
the total quantity of the radionuclides; 
hydrogen-3, carbon- 1 4, technetium-99 
and iodine-129. and 
the principal chemical form; 
the solidification agent, if any; 
if the waste contains more than 0. 1 
percent chelating agents by weight, the 
identity and estimated weight percent of 
the chelating agents; and 
a clear statement of the waste class, if 
determined to be either Class A, Class 
B or Class C waste pursuant to the 
provisions of Rule . 1 650 of this Sec- 
tion. 
(b) In each manifest the waste generator shall 



i£) 



(4j 



(61 



include a certification that the transported materials 
are properly classified, described, packaged, 
marked, and labeled and are in proper condition 
for transportation according to the applicable 
regulations of ffie U.S. Department of Transporta- 
tion and the agency. An authorized representative 
of the waste generator shall sign and date the 
manifest. 

(c) The manifest required in Paragraph (a) of 
this Rule may be shipping papers used to meet 
U.S. Department of Transportation or U.S. Envi- 
ronmental Protection Agency regulations or re- 
quirements of ffie receiver, provided all informa- 
tion required in Paragraphs (a) and (b) of this Rule 
is included. 

(d) Any licensee who transfers waste to a li- 
censed land waste disposal facility or a licensed 
waste collector shall comply with the requirements 
in Subparagraphs (d)(l ) through (8) of this Rule. 
Any licensee who transfers waste to a licensed 
waste processor who treats or repackages waste 
shall comply with the requirements in Subpara- 
graphs (d)(4) through (8) of this Rule. The licens- 
ee shall: 

( I ) prepare all wastes so that the waste is 
classified in accordance with the provi- 
sions of Rule . 1 650 of this Section and 
meets the waste characteristic require- 
ments in Rule .1651 of this Section; 
label each package of waste as Class A, 
Class B or Class C as determined in 
accordance with the provisions of Rule 
. 1650 of this Section; 
conduct a quality control program to 
assure compliance with the provisions 
of Rules .1650 and .1651 of this Sec- 
tion and to include management evalua- 



(2) 



131 



L4J 



15) 



(61 

m 



tion of audits; 

prepare shipping manifests in accor- 
dance with the provisions of Paragraphs 
(a) and (b) of this Rule; 
at the time of shipment, forward a copy 
of fhe manifest to fine intended recipi- 
ent; or. af file time the waste is collect- 
ed, have the collector acknowledge 
receipt by signing the licensee's copy of 
the manifest and provide a copy of the 
manifest to file collector; 
include one copy of the manifest with 
the shipment; 

retain a copy of file manifest, with 
documentation of acknowledgement of 
receipt, as file record of transfer of 
licensed radioactive material as required 
in Rules .01 15 and .1642 of this Chap- 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1975 



PROPOSED RULES 



ter; and 
(8) conduct an investigation in accordance 
with Paragraph (g) of this Rule for any 
shipments or any part of a shipment for 
which notification of receipt has not 
been received within 20 days after 
transfer, 
(e) Any waste collector licensee who handles 
only prepackaged waste shall: 

(1 ) acknowledge receipt of the waste from 
the generator within one week of re- 
ceipt by returning a signed copy of the 
manifest to the generator; 

(2) prepare a new manifest which shall 
reflect consolidated shipments, serve as 
a listing or index for the detailed gener- 
ator manifests, and include copies of 
the generator manifests; or prepare a 
new manifest without attaching the 
generator manifests, provided the new 
manifest contains for each package the 
information specified in Paragraph (a) 
of this Rule; 

certify that nothing has been done to 
the waste which would invalidate the 



(3) 

14] 

15} 
(6) 



generator's certification; 
forward a copy of the new manifest to 
the land disposal facility operator at the 
time of shipment; 

include the new manifest with the ship- 
ment to the disposal site; 
retain a copy of the manifest with docu- 
mentation of acknowledgement of re- 
ceipt as the record of transfer of 1L; 
censed radioactive material as required 
in Rules .0115 and .1642 of this Chap- 
ter, and retain information from genera- 
tor manifests until disposition js autho- 
rized by the agency; and 
(7) conduct an investigation in accordance 
with Paragraph (g) of this Rule for any 
shipments or any part of a shipment for 
which notification of receipt has not 
been received within 20 days after 
transfer, 
(f) Any licensed waste processor who treats or 
repackages wastes shall: 

( 1) acknowledge receipt of the waste from 
the generator within one week of re- 
ceipt by returning a signed copy of the 
manifest to the generator; 

(2) prepare a new manifest that meets the 
requirements of Paragraphs (a), (b) and 
(c) of this Rule, thereby reflecting the 
fact that the processor is responsible for 



the waste; 

(3) prepare all wastes so that the waste js 
classified in accordance with the provi- 
sions of Rule . 1650 of this Section and 
meets the waste characteristics require- 
ments m Rule .1651 of this Section; 

(4) label each package of waste as Class A, 
Class B or Class C as determined in 
accordance with the provisions of Rules 
.1650 and .1652 of this Section; 

(5) conduct a quality control program to 
assure compliance with the provisions 
of Rules .1650 and .1651 of this Sec- 
tion and to include management evalua- 
tion of audits; 

(6) at the time of shipment, forward a copy 
of the manifest to the intended recipi- 
ent; or, at the time the waste is collect- 
ed, have the collector acknowledge 
receipt by signing the licensee's copy of 
the manifest and provide a copy of the 
manifest to the collector; 

(7) include the new manifest with the ship- 
ment: 

(8) retain a copy of the manifest, with 
documentation of acknowledgement of 
receipt, as the record of transfer of 
licensed radioactive material as required 
in Rules .01 15 and .1642 of this Chap- 
ter; 

(9) conduct an investigation in accordance 
with Paragraph (g) of this Rule for any 
shipments or any part of a shipment for 
which notification of receipt has not 
been received within 20 days after 
transfer. 

(g) Any radioactive waste disposal facility 
operator shall: 

(1) acknowledge receipt of the waste within 
one week of receipt by returning a 
signed copy of the manifest or equiva- 
lent documentation to the shipper, 
where such shipper is the licensee who 
last possessed the waste and transferred 
the waste to the operator; 

(2) indicate on the returned copy of the 
manifest or equivalent documentation jn 
Subparagraph (g)( 1 ) of this Rule any 
discrepancies between materials listed 
on the manifest and materials received: 

(3) maintain copies of af[ completed mani- 
fests or equivalent documentation until 
the agency authorizes their disposition; 
and 

(4) notify' the shipper (e.g., the generator. 



t 



I 



♦ 



1976 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



the collector, or processor) and the 
agency when any shipment or part of a 
shipment has not arrived within 60 days 
after the advance manifest was re- 
ceived. 



(h) If the shipper does not receive a notification 
of receipt for any shipment or any part of a ship- 
ment within 20 days after transfer, the shipper 
shall conduct an investigation, to include a trace of 
the shipment. The shipper and any other licensee 
who conducts a trace investigation shall file a 
written report with the agency within two weeks of 
the completion of the investigation. 



(a) Each licensee or registrant shall maintain 
records of the radiation protection program, 
including: 

(1) The provisions of the program; and 

(2) Audits and other reviews of program 
content and implementation. 

(b) The licensee or registrant shall retain the 
records required by Subparagraph (a)( 1) of this 
Rule until the agency terminates each pertinent 
license or registration requiring the record. The 
licensee or registrant shall retain the records 
required by Subparagraph (a)(2) of this Rule for 
three years after the record is made. 



Statutory Authority G.S. 104E-7(a)(2), (a)(3); 
I04E-12(a). 

.1634 COMPLIANCE WITH ENV. AND 
HEALTH PROTECTION 
REGULATIONS 

Nothing in this Section relieves the licensee from 
complying with other applicable federal . state, and 
local regulations governing any other toxic or 



hazardous properties of materials that may be 
disposed of under this Section. 

Statutory Authority G.S. 104E-7 (a)(2). 

.1635 GENERAL PROVISIONS FOR 
RECORDS 

(a) Each licensee or registrant shall use the 
units: curie, rad and rem, including multiples and 
subdivisions thereof, and shall clearly indicate the 
units of all quantities on records required by this 
Section. 

(b) The licensee or registrant shall make a clear 
distinction between the quantities entered on the 
records required by this Section (e.g., total effec- 
tive dose equivalent, shallow-dose equivalent, eye 
dose equivalent, deep-dose equivalent, committed 
effective dose equivalent). 

(c) The discontinuance or curtailment of activi- 
ties does not relieve the licensee or registrant of 
responsibility for retaining all records required by 
the rules m this Section. A licensee or registrant, 
may, however request the agency to accept such 
records, ff the agency accepts such records, the 
licensee or registrant is relieved of subsequent 
responsibility only i_n respect to their preservation 
as required by the rules in this Section. 

Statutory Authority G. S. 104E-7 (a)(2); 104E-12(a). 

.1636 RECORDS OF RADIATION 
PROTECTION PROGRAMS 



Statutory Authority G. S. W4E-7(a)(2); 104E-12(a). 

.1637 RECORDS OF SURVEYS 

(a) Each licensee or registrant shall maintain 
records showing the results of surveys and calibra- 
tions required by Rules .1613 and . 1627(b) of this 
Section. The licensee or registrant shall retain 
these records for three years after the record is 
made. 

(b) The licensee or registrant shall retain each of 
the following records until the agency terminates 
each pertinent license or registration requiring the 
record: 

( 1 ) records of the results of surveys to 
determine the dose from external sourc- 
es and used, in ffie absence of or in 
combination with individual monitoring 
data, in the assessment of individual 
dose equivalents; 

records of the results of measurements 
and calculations used to determine 
individual intakes of radioactive materi- 
al and used [n the assessment of internal 
dose; 

records showing the results of air sam- 
pling, surveys, and bioassays required 
pursuant to Rule . 1620(a) of this Sec- 
tion: and 

Records of the results of measurements 
and calculations used to evaluate the 
release of radioactive effluents to the 
environment. 



ill 



ill 



141 



Statutory Authority G. S. 104E-7(a)(2); 104E-12(a). 

.1638 DETERMINATION OF PRIOR 
OCCUPATIONAL DOSE 

(a) For each individual who may enter the 
licensee's or registrant's restricted or controlled 



area and is likely to receive, in a year, an occupa- 
tional dose requiring monitoring pursuant to Rule 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1977 



PROPOSED RULES 



1614 of this Section, the licensee or registrant 



shall: 



( 1 ) determine the occupational radiation 
dose received during the current year: 
and 

(2) attempt to obtain the records of lifetime 
cumulative occupational radiation dose. 

(h) Prior to permitting an individual to partici- 
pate in a planned special exposure, the licensee or 
registrant shall determine: 



in 

12) 



the internal and external doses from all 
previous planned special exposures; and 
all doses in excess of the limits received 
during the lifetime of the individual, 
including doses received during acci- 
dents and emergencies. 



(c) In complying with the requirements of 
Paragraph (a) of this Rule, a licensee or registrant 
may 

( 1 ) accept, as a record of the occupational 
dose that the individual received during 
the current year, a written signed state- 
ment from the individual, or fro m the 
individual's most recent employer for 
work involving radiation exposure, that 
discloses the nature and the amount of 
any occupational dose that the individu- 
al may have received during the curre nt 
year: 

(2) accept, as the record of lifetime cumu- 
lative radiation dose, an up-to-date 
agency form for recording occupational 
radiation dose history, or equivalent, 
signed by the individual and counter- 
signed by an appropriate official of the 
most recent employer for work involv- 
ing radiation exposure. or the 
individual's current employer if the 
individual [s not employed by the H^ 
censee or registrant; and 

(3) obtain reports of the individual's dose 
equivalents ) by telephone, telegram, 
electronic media, or letter from the 
most recent employer for work involv- 
ing radiation exposure. or the 
individual's current employer if the 
individual is not employed by the jf 
censee or registrant. The licensee or 
registrant shall request a written verifi- 
cation of the dose data if the autheiitici- 
ty of the transmitted report cannot be 
established. 

(d) The licensee or registrant shall record the 
exposure history, as required by Paragraph (a) of 
this Rule, on the agency fo mi for recording occu- 



pational radiation dose history, or other clear and 
legible record of all the information required on 
that form. The form or record shall show each 
period m which the individual received occupation- 
aJ exposure to radiation or radioactive material and 
shall be signed by the individual who received the 
exposure. For each period for which the licensee 
or registrant obtains reports . the licensee or regis- 
trant shall use the dose shown in the report in 
preparing the agency form for recording occupa- 
tional radiation dose history. For any period in 
which the licensee or registrant does not obtain a 
report, the licensee or registrant shall place a 
notation on the agency form for recording occupa- 
tional radiation dose history indicating the periods 
of time for which data are not available. Licens- 
ees or registrants are not required to reevaluate the 
separate external dose equivalents and internal 
committed dose equivalents or intakes of 
radionuclides assessed prior to January J^ 1994 
under Section .0400 of this Chapter. Further, 
occupational exposure histories obtained and 
recorded before January JL 1991 . may not have 
included effective dose equivalent, but may be 
used in the absence of specific information on the 
intake of radionuclides by the individual, 

(e) If the licensee or registrant is unable to 
obtain a complete record of an individual's current 
and previously accumulated occupational dose, the 
licensee or registrant shall assume: 

( I ) in establishing administrative controls 

under Rule . 1604(f) of this Section for 
the current year, that the allowable dose 
limit for the individual is reduced by 
1 .25 rents (12.5 mSv) for each quarter 



t 



♦ 



L-J 



for which records were unavailable and 
the individual was engaged in activ ities 
that could have resulted in occupational 
radiation exposure: and 
that the individual is not available for 
planned special exposures. 
if) The licensee or registrant shall retain the 
records on the agency form for recording occupa- 
tional radiation dose history or equivalent until the 
agency terminates eac h pertinent license or regis- 
tration requiring this record. The licensee or 
registrant shall retain records used m preparing the 
agency form for recording occupational radiation 
dose history for three years after the record js 
made. 

Statutory Authority G.S. 104E-7 (a)(2); 104E-12(a). 

.1639 RECORDS OF PLANNED 
EXPOSURES 



# 



197S 



7: IS 



XORTII CAROUXA REGISTER 



December 15, 19<J1 



PROPOSED RULES 



(a) For each use of the provisions of Rule .1 608 
of this Section for planned special exposures, the 
licensee or registrant shall maintain records that 
describe: 

the exceptional circumstances requiring 

the use of a planned special exposure; 

the name of the management official 

who authorized the planned special 

exposure and a copy of the signed 

authorization; 

what actions were necessary; 

why the actions were necessary; 

how doses were maintained ALARA; 

and 



ill 
(2) 



£3i 

15] 



m 



what individual and collective doses 



were expected to result, and the doses 

actually received in the planned special 

exposure. 

(b) The licensee or registrant shall retain the 

records until the agency terminates each pertinent 

license or registration requiring these records. 

Statutory Authority G. S. 104E-7 '(a)(2); 104E-12(a). 

.1640 RECORDS OF INDIVIDUAL 
MONITORING RESULTS 

(a) Each licensee or registrant shall maintain 
records of doses received by all individuals for 
whom monitoring was required pursuant to Rule 
.1614 of this Section, and records of doses re- 
ceived during planned special exposures, accidents, 
and emergency conditions. These records shall 
include, when applicable: 

( 1 ) the deep-dose equivalent to the whole 
body, eye dose equivalent, shallow-dose 
equivalent to the skin, and shallow-dose 
equivalent to the extremities; 

(2) the estimated intake or body burden of 
radionuclides (see Rule . 1 605 of this 
Section); 

(3) the committed effective dose equivalent 
assigned to the intake or body burden 
of radionuclides; 

(4) the specific information used to calcu- 
late the committed effective dose equiv- 
alent pursuant to Rule . 1607(c) of this 
Section; 

(5) the total effective dose equivalent when 
required by Rule . 1605 of this Section; 
and 

(6) the total of the deep-dose equivalent 
and the committed dose to the organ 
receiving the highest total dose. 

(b) The licensee or registrant shall make entries 
of the records specified in Paragraph (a) of this 



Rule at least annually. 

(c) The licensee or registrant shall maintain the 
records specified in Paragraph (a) of this Rule on 
the agency form for recording occupational radia- 
tion doses, in accordance with the instructions 
provided with the form, or in clear and legible 
records containing all the information required by 
the agency form for recording occupational radia- 
tion doses. 

(d) Assessments of dose equivalent and records 
made using units \_n effect before the licensee's or 
registrant's adoption of the rules [n this Section 
need not be changed. 

(e) The records required under this Rule should 
be protected from public disclosure because of 
their personal privacy nature. 

(f) The licensee or registrant shall maintain the 
records of dose to an embryo/fetus with the re- 
cords of dose to the declared pregnant woman. 
The declaration of pregnancy shall also be kept on 
file, but may be maintained separately from the 
dose records. 

(g) The licensee or registrant shall retain each 
required form or record until the agency termi- 
nates each pertinent license or registration requir- 
ing the record. 

Statutory Authority G. S. W4E-7(a)(2); 104E-12(a). 

.1641 RECORDS OF DOSE TO rNDIVIDUAL 
MEMBERS OF THE PUBLIC 

(a) Each licensee or registrant shall maintain 
records sufficient to demonstrate compliance with 
the dose limit for individual members of the public 
required by Rule .1611 of thjs Section. These 
records may include such things as survey results, 
monitoring results, calculations and other docu- 
ments pertaining to the determination of doses to 
individual members of the public. 

(b) The licensee or registrant shall retain the 
records required by Paragraph (a) of this Rule 
until the agency terminates each pertinent license 
or registration requiring the record. 

Statutory Authority G. S. 104E-7(a)(2); 104E-I2(a). 

.1642 RECORDS OF WASTE DISPOSAL 

(a) Each licensee shall maintain records of the 
disposal of licensed radioactive materials made 
pursuant to Rules .1629, .1630, .1631, .1632 and 
. 1633 of this Section, and disposal by burial in 
soil. 

(b) The licensee shall retain the records required 
by Paragraph (a) of this Rule until the agency 
terminates each pertinent license requiring the 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1979 



PROPOSED RULES 



record. 

Statutory Authority G. S. 104E-7(a)(2); 104E-12(a). 

.1643 RECORDS OF TESTING ENTRY 
CONTROL DEVICES 

(a) Each licensee or registrant shall maintain 
records of tests made pursuant to Subparagraph 
(a)( 10) of Rule .1617 of this Section on entry 
control devices for very high radiation areas. 
These records shall include the date, time, and 
results of each such test of function. 

(b) The licensee or registrant shall retain the 
records required by Paragraph (a) of this Rule for 
three years after the record is made. 

Statutory Authority G. S. 104E-7(a)(2); W4E-12(a). 

.1644 FORM OF RECORDS 

Each record required by this Section shall be 
legible throughout the specified retention period. 
The record may be the original or a reproduced 
copy or a microform provided that the copy or 
microform is authenticated by authorized personnel 
and that the microform is capable of producing a 
clear copy throughout the required retention 
period. The record may also be stored in electron- 
ic media with the capability for producing legible, 
accurate, and complete records during the required 
retention period. Records, such as letters, draw- 
ings, and specifications, shall include all pertinent 
information, such as stamps, initials, and signa- 
tures. The licensee or registrant shall maintain 
adequate safeguards against tampering with and 
loss of records. 

Statutory Authority G. S. I04E-7(a)(2); 104E-12(a). 

.1645 REPORTS OF THEFT OR LOSS OF 
LICENSED RADIOACTIVE 
MATERIAL 

(a) Each licensee shall report by telephone as 
follows: 

immediately after its occurrence be- 



LU 



<2> 



comes known to the licensee, any lost, 
stolen, or missing licensed radioactive 
material in an aggregate quantity equal 
to or greater than 1 .000 times the quan- 
tity specified in Appendix C to 10 CFR 
£§ 20.1001 : 20.2401 under such cir- 
cumstances that ft appears to the licens- 
ee that an exposure could result to 
persons in unrestricted areas; or 
within 30 days after the occurrence of 
any lost, stolen, or missing licensed 



radioactive material becomes known to 
the licensee, all licensed radioactive 
material in a quantity greater than 10 
times the quantity specified in Appendix 
C to 10 CFR 1^ 20.1001 ; 20.2401 that 
is still missing at this time. 

(b) Telephone reports fn Paragraph (a) of this 
Rule shall be made to the agency as specified in 
Rule .0111 of this Chapter. 

(c) Each licensee required to make a report 
under Paragraph (a) of this Rule shall, within 30 
days after making the telephone report, make a 
written report setting forth the following informa- 
tion: 

( 1 ) a description of the licensed radioactive 
material involved, including kind, 
quantity, and chemical and physical 
form: 



I 



£4) 



15J 
161 



a description of the circumstances under 
which the loss or theft occurred: 
a statement of disposition, or probable 
disposition, of the licensed radioactive 
material involved: 

exposures of individuals to radiation- 
circumstances under which the expo- 
sures occurred, and the possible total 
effective dose equivalent to persons in 
unrestricted areas; 

actions that have been taken, or will be 
taken, to recover the material: and 
Procedures or measures that have been. 
or will be. adopted to ensure against a 
recurrence of the loss or theft of li- 
censed radioactive material. 



I 



(d) Written reports shall be addressed to the 
agency as specified in Rule .01 1 I of this Chapter. 

(e) Subsequent to filing the written report, the 
licensee shall also report any additional substantive 
information on the loss or theft within 30 days 
after the licensee learns of such information. 

(f) The licensee shall prepare any report filed 
with the agency pursuant to this Rule so that 
names of individuals who may have received 
exposure to radiation are stated jn a separate and 
detachable part of the report. 

Statutory Authority G. S. W4E-7(a)(2); 104E- 12(a). 

.1646 NOTIFICATION OF INCIDENTS 

(a) Notwithstanding any other requirements for 
notification, each licensee or registrant shall 
immediately report any event involving a source of 
radiation possessed by the licensee or registrant 
that may have caused or threatens to cause any of 
the following conditions: 



I 



19XQ 



7:18 



NORTH CAROLINA REGISTER 



December IS, 1992 



PROPOSED RULES 


ill 




an individual to receive: 


exposure to radiation or radioactive material are 




(A) 


a total effective dose equivalent of 25 
rems (0.25 Sv) or more; or 


stated 
report 


in ; 


i separate and detachable part of the 




11} 


an eye dose equivalent of 75 rems 


id} 


Reports made by licensees or registrants in 






(0.75 Sv) or more; or 


response to the requirements of this Rule shall be 




l£l 


a shallow-dose equivalent to the skin 


addressed to the agency as specified in Rule .0111 






or extremities of 250 rads (2.5 Gv) or 


of this 


Chapter. 






more; or 


M 


The 


provisions of this Rule do not include 


ill 




the release of radioactive material. 


doses 


that 


result from planned special exposures. 






inside or outside of a restricted area. 


that are within the limits for planned special 






except locations where personnel are 


exposures. 


and that are reported pursuant to Rule 






not normally stationed during routine 


.1648 


of this Section. 






operations, such as hot-cells or process 












enclosures, so that, had an individual 


Statutory Authority G. S. 104E-7(a)(2); W4E-12(a). 






been present for 24 hours, the individu- 












al could have received an intake five 


.1647 


REPORTS OF RADIATION 






times the occupational annual limit on 




EXCEEDING THE LIMITS 






intake; or 


(a} 


In addition to the notification required by 


ill 




a loss of one working week or more of 


Rule . 


1646 of this Section, each licensee or regis- 






the operation of any facilities affected; 


trant s 


hall 


submit a written report within 30 days 






or 


after learning of any of the following occurrences: 


14} 




damage to property in excess of 
$200,000. 


ill 




any incident for which notification is 
required by Rule .1646 of this Section; 


(b) 


Each licensee or registrant shall, within 24 


ill 




doses in excess of any of the following: 


hours 


of c 


liscovery of the event, report any event 




LM 


the occupational dose limits for adults 


involv 


ing 


loss of control of any source of radiation 






in Rule . 1604 of this Section; 


possessed bv the licensee or registrant that may 




IB} 


the occupational dose limits for a 


have caused, or threatens to cause, any of the 






minor in Rule .1609 of this Section; 


following 


conditions: 




1C} 


the limits for an embryo/fetus of a 


01 




an individual to receive, in a period of 
24 hours: 






declared pregnant woman in Rule 
. 1610 of this Section; 




(A) 


a total effective dose equivalent ex- 
ceeding five rems (0.05 Sv); 




(£} 


the limits for an individual member of 
the public in Rule .1611 of this Sec- 




(BJ 


an eye dose equivalent exceeding 15 






tion; or 






rems (0. 15 Sv); or 




IE) 


any applicable limit in the license; 




fQ 


a shallow-dose equivalent to the skin 
or extremities exceeding 50 rems (0.5 


ih 




levels of radiation or concentrations of 
radioactive material in: 






Sv); 




1A1 


a restricted area in excess of any 


ill 




the release of radioactive material. 






applicable limit in the license; or 






inside or outside of a restricted area. 




IB} 


an unrestricted area in excess of 10 






except locations where personnel are 






times any applicable limit set forth in 






not normally stationed during routine 






this Section or in the license, whether 






operations, such as hot-cells or process 






or not involving exposure of any 






enclosures, so that, had an individual 






individual in excess of the limits in 






been present for 24 hours, the individu- 






Rule .1611 of this Section. 






al could have received an intake in 


(b} . 


Each 


report required by Paragraph (a) of this 






excess of one occupational annual limit 


Rule 


shall 


describe the extent of exposure of 






on intake; 


indivic 


duals 


; to radiation and radioactive material. 


m 




a loss of one day or more of the opera- 


includ 


ins, 


as appropriate: 






tion of any facilities affected; or 


ill 




estimates of each individual's dose; 


i4) 




damage to property in excess of 
$2,000. 


12} 




the levels of radiation and concentra- 
tions of radioactive material involved; 


i£l 


The 


licensee or registrant shall prepare any 


ill 




the cause of the elevated exposures. 


report 


filed with the agency pursuant to this Rule 






dose rates, or concentrations; and 


so that names of individuals who have received 


i4j 




corrective steps taken or planned to 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1981 



PROPOSED RULES 



ensure against a recurrence, including 
the schedule for achieving conformance 
with applicable limits, generally appli- 
cable environmental standards, and 
associated license conditions. 

(c) Each report filed pursuant to Paragraph (a) 
of this Rule shall include for each individual 
exposed: the name, social security account num- 
ber, and date of birth. With respect to the limit 
for the embryo fetus required by Rule . 1610 of 
this Section, the identifying information shall be 
that of the declared pregnant woman. The report 
shall be prepared so that this information is stated 
in a separate and detachable part of the report. 

(d) Reports made by licensees or registrants in 
response to the requirements of this Rule shall be 
addressed to the agency as specified in Rule .01 1 1 
of this Chapter. 

Statutory Authority G. S. 104E-7(a)(2); 104E-12(a). 

.1648 REPORTS OF PLANNED SPECIAL 
EXPOSURES 

The licensee or registrant shall submit a written 
report to the agency within 30 days following any 
planned special exposure conducted in accordance 
with Rule . 1608 of this Section, informing the 
agency that a planned special exposure was con- 
ducted and indicating the date the planned special 
exposure occurred and the information required by 
Rule .1639 of this Section. 

Statutory Authority G.S. I04E-7(a)(2); 104E-12(a). 

.1649 REPORTS OF INDIVIDUAL 
MONITORING 

The agency may require by license condition, 
registration condition, or order pursuant to Rule 
.0108 of this Chapter, annual reports of the results 
of individual monitoring carried out by the licensee 
or registrant for each individual for whom moni- 



I 



i 



toring was required by Rule .1614 of this Section. 
Statutory Authority G. S. 104E-7(a)<2); 104E-12(a). 



,1650 CLASSIFICATION/RADIOACTIVE WASTE FOR NEAR-SURFACE DISPOSAL 

(a) The following are definitions of and special requirements applicable to the different classes of waste: 

( 1 ) "Class A Waste" means radioactive waste that is usually segregated from other waste classes at the 
disposal site. The physical form and characteristics of Class A waste shall meet the minimum 
requirements set forth i_n Rule .1651 (a) of this Section. If Class A waste also meets the stability 
requirements set forth in Rule . 1 65 1(b) of this Section, it is not necessary to segregate the waste 
for disposal. 

(2) "Class B Waste" means radioactive waste that must meet more rigorous requirements on waste 
form to ensure stability after disposal. The physical form and characteristics of Class B waste shall 



1982 7:18 NORTH CAROLINA REGISTER December 15, 1992 



% 



PROPOSED RULES 



meet both the minimum requirements and stability requirements set forth in Rule .1651 of this 
Section. 
(3) "Class C Waste" means radioactive waste that not only must meet more rigorous requirements on 
waste form to ensure stability, but also requires additional measures at the disposal facility to 
protect against inadvertent human intrusion. The physical form and characteristics of Class C 
waste shall meet both the minimum requirements and stability requirements set forth in Rule .1651 
of this Section, 
(b) If the waste contains only radionuclides listed in the table in Subparagraph (b)(5) of this Rule, the 
licensee shall determine the classification as follows: 

If the concentration does not exceed 0. 1 times the value in the table in Subparagraph (b)(5) of this 

Rule, the waste is Class A waste. 

If the concentration exceeds 0. 1 times the value in the table in Subparagraph (b)(5) of this Rule, 

the waste is Class C waste. 

If the concentration exceeds the value in the table in Subparagraph (b)(5) of this Rule, the waste 

js not generally acceptable for near-surface disposal. 

For wastes containing mixtures of radionuclides listed in the table in Subparagraph (b)(5) of this 

Rule, the licensee shall determine the concentration by the "sum of fractions rule" described in 

Paragraph (f) of this Rule. 

The following is the table of long-lived radionuclides and concentrations for use in conjunction with 

waste classification rules of this Section: 



ill 

Ql 
ill 
141 

(5) 



Radionuclide 

carbon 14 

carbon 14 in activated metal 

nickel 59 in activated metal 

niobium 94 in activated metal 

technetium 99 

iodine 129 

radium, and alpha emitting 
transuranic radionuclides 
with half-lives greater 
than five years 

plutonium 241 

curium 242 



Concentration 




8 


curies/cubic meter 


80 


curies/cubic meter 


220 


curies/cubic meter 


0J2 


curies/cubic meter 


3 


curies/cubic meter 


0.08 


curies/cubic meter 



100 

3,500 

20,000 



nanocuries/gram 
nanocuries/gram 
nanocuries/gram 



(c) If the waste does not contain any of the radionuclides listed in the table in Subparagraph (b)(5) of this 
Rule, the licensee shall use the data for short-lived radionuclides and concentrations in the table in 
Subparagraph (c)(7) of this Rule to determine the classification as follows: 



m 

(3) 

(41 
(5) 

ill 



If the concentration does not exceed the value in column J^ the waste js Class A waste. 

If the concentration exceeds the value in column J^ but does not exceed the value in column 2^ the 

waste is Class B waste. 



If the concentration exceeds the value in column 2^ but does not exceed the value in column 3j the 
waste is Class C waste. 



If the concentration exceeds the value in column 3^ the waste js not generally acceptable for 

near-surface disposal. 

For wastes containing mixtures of the radionuclides listed in the table in Subparagraph (c)(7) of this 

Rule, the total concentration shall be determined by the "sum of the fractions rule" described in 

Paragraph (f) of this Rule. 

In determining the waste classifications in Subparagraphs (c)( 1) through (5) of this Rule, the 

licensee may disregard any radionuclides not listed in the tables In Subparagraphs (b)(5) and (c)(7) 

of this Rule. 

The following js the table of short-lived radionuclides for use in conjunction with the waste 

classification rules of this Section: 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1983 



PROPOSED RULES 



concentration in curies/cubic meter 



radionuclide 



total of aU radionuclides 
with less than 5 -year 
half-life 
hydrogen 3 
cobalt 60 
nickel 63 

nickel 63 in activated metal 
strontium 90 
cesium 137 



column 



700 

40 

700 

35 
0.04 
1 



column 2 



see (c)(8) 

see (c)(8) 

see (c)(8) 

70 

700 

150 

44 



column 3 



see (c)(8) 

see (c)(8) 

see (o(8) 

700 

7000 

7000 

4600 



I 



(8) There are no limits established for the radionuclides noted by "see (c)(8)" [n the table in 
Subparagraph (c)(7) of this Rule for Class B or C wastes. Practical considerations such as the 
effects of external radiation and internal heat generation or transportation, handling, and disposal 
will limit the concentrations for these wastes. The licensee shall classify these wastes as Class B. 
unless the concentrations of other radionuclides in the table in Subparagraph (c)(7) of this Rule 
dictate classification as Class C waste independent of these radionuclides. 

(d) If waste contains a mixture of radionuclides, some of which are listed in the table m Subparagraph (b)(5) 
of this Rule and some of which are listed in the table in Subparagraph (c)(7) of this Rule, the licensee shall 
determine the classification and suitability for near-surface disposal as follows: 

( 1 ) In accordance with Paragraph (b) of this Rule, determine the class and suitability for near-surface 
disposal for only the radionuclides in the mixture which are listed in the table jn Subparagraph 
(b)(5) of this Rule; 

(2) In accordance with Paragraph (ci of this Rule, determine the class and suitability for near-surface 
disposal for only the radionuclides in the mixture which are listed in the table in Subparagraph 
(c)(7) of this Rule; and 

(3) Classify the waste as the more restrictive of the two determinations in Subparagraphs ( d \ ( 1 j and 
(d)(2) of this Rule where "not generally suitable for near-surface disposal" js the most restrictive 
and "Class A" [s the least restrictive. 

(e) If waste contains none of the radionuclides listed m the tables in Subparagraphs (b)(5) and (c)(7) of this 
Rule, the licensee shall determine the waste to be Class A waste. 

(f) When required in Paragraphs (b) and (c) of this Rule, the licensee shall use the "sum of the fractions 
rule" described in Subparagraph ( f ) ( I ) of this Rule. 

( 1 ) For determining the classification for waste that contains a mixture of radionuclides, the licensee 
shall determine the sum of the fractions by dividing the concentration of each radionuclide by the 
appropriate limit, where the appropriate limits shall all be taken from the same column of the same 
table, and by adding the resultant values. The sum of ffie fractions for the column must be less 
than 1 .0. if the waste class is to be determined bv that column. 



I 



121 



LM 
ill 
(£1 



The following is an example calculation: 
A waste contains strontium-90 with a concentration of 50 curies per cubic meter and cesium- 137 
with a concentration of 22 curies per cubic meter. 

Since the concentrations of both exceed the values [n column 1 of the table in Subparagraph (o(7) 
of this Rule, thev must be compared with the values in column 2^ 
The strontium-90 fraction is 50. 150 or 0.33. the cesium- 137 fraction is 22,44 or 0.5. and the sum 



£g) 



of the fractions [s 0.83: therefore, since the sum [s less than 1 .0. the waste is Class B waste. 
Provided that there is reasonable assurance that an indirect method can be correlated with actual 



measurements, the licensee may determine radionuclide concentrations by indirect methods such as use of 
scaling factors which relate the inferred concentration of one radionuclide to another that is measured or use 
of radioactive material accountability records. The licensee may average a radionuclide concentration over 
the volume of the waste or over the weight of the waste in ffie case of radionuclides with nanocurie per gram 
limits specified in the table in Subparagraph (b)(5) of this Rule. 

Statutory Authority G.S. 104E-7(a)(2). 



I 



1984 



7:18 



XORTH CAROLLXA REGISTER 



December 15, 1992 



PROPOSED RULES 



.1651 RADIOACTIVE WASTE 
CHARACTERISTICS 

(a) The following are minimum requirements for 
all classes of radioactive waste and are intended to 
facilitate handling and to provide protection of 
health and safety of personnel at the radioactive 
waste disposal site. The licensee shall: 

(1) package wastes in conformance with the 
conditions of the license issued to the 
site operator to which the waste will be 
shipped to the extent that such condi- 
tions are more restrictive or in addition 
to the requirements contained in this 
Rule; 

not package wastes for disposal in 
cardboard or fiberboard boxes: 



12} 
13} 

14} 



ill 



<Ju 



m 



18} 



package liquid waste In sufficient absor- 
bent material to absorb twice the vol- 
ume of the li quid: 

limit the volume of freestanding liquid 
in solid wastes containing liquid to as 
little freestanding and non-corrosive 
liquid as [s reasonably achievable, but 
in no case to more than one percent of 
the volume: 

limit wastes to those which are not 
readily capable of detonation or of 
explosive decomposition or reaction at 
normal pressures and temperatures, or 
of explosive reaction with water: 
except for radioactive gaseous waste 
packaged in accordance with Subpara- 
graph (a)(8) of this Rule, limit wastes 
to those which do not contain, or are 
not capable of generating quantities of 
toxic gases, vapors, or fumes harmful 
to persons transporting, handling, or 
disposing of the waste; 
treat, prepare and package pyrophorie 
materials contained in waste in a man- 
ner to render them nonflammable; 



package wastes in a gaseous form at an 
absolute pressure that does not exceed 
1 .5 atmospheres at 20 degrees C and 
limit the total activity to no more than 
100 curies per container; and 
(9) treat wastes containing hazardous- 
biological, pathogenic, or infectious 
material to reduce the potential hazard 
from the non-radiological material to 
the maximum extent practicable, 
(b) Stability is intended to ensure that the waste 
does not degrade and affect overall stability of the 
site through slumping, collapse, or other failure of 
the disposal unit and thereby lead to water infiltra- 



tion. Stability is also a factor in limiting exposure 
to an inadvertent intruder, since it provides a 
recognizable and nondispersible waste. Th e 
licensee shall comply with the following require- 
ments, which are intended to provide stability of 
waste, when the waste is either Class B or Class C 



waste. 



11} 



12} 



The licensee shall ensure that the waste 
has structural stability. A structurally 
stable waste form will generally main- 
tain its physical dimensions and its 
form under the expected disposal condi- 
tions such as weight of overburden and 
compaction equipment, the presence of 
moisture and microbial activity, and 
internal factors such as radiation effects 
and chemical changes. Structural stabil- 
ity can be provided by the waste form 
itself, processing the waste to a stable 
form, or placing the waste in a disposal 
container or structure that provides 
stability after disposal. 
Notwithstanding the provisions in Sub- 
paragraphs (a)(3) and (4) of this Rule, 
the licensee shall convert liquid wastes 
or wastes containing liquids into a form 
that contains as little freestanding and 
noncorrosive liquid as is reasonably 
achievable; but in no case more than 
one percent of the volume of fhe waste 
when the waste is in a disposable con- 
tainer designed to ensure stability; or 
0.5 percent of ffie volume of the waste 
for waste processed to a stable form. 
The licensee shall reduce void spaces 
within the waste and between the 
wastes and its package to the extent 
practicable. 



Statutory Authority G.S. 104E-7(a)(2). 

.1652 LABELING 

The l icensee shall clearly label each package of 
waste to identify the waste as Class A. Class B or 
Class C waste as determined in accordance with 
the provisions of Rule . 1650 of this Section. 



13} 



Statutory Authority G.S. 104E-7(a)(2). 



%%%%%%%%%:% 



% :£ % % 



l\otice is hereby given in accordance with G.S. 
150B-21.2 that EHNR - Commission for Health 
Services intends to repeal rule cited as ISA NCAC 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1985 



PROPOSED RULES 



16A .0401. 

1 he proposed effective dure of this action is April 
1, 1993. 

1 he public hearing will he conducted at 1:30 
p.m. on January 11. 1993 at the Highway Build- 
ing, First Floor Auditorium. 1 South Wilmington 
Street, Raleigh, North Carolina. 

lXeason for Proposed Action: It is necessary to 
repeal this rule to conform with the adoptions that 
were published as 15A NCAC 16A .1101 - .1108: 
.1150 - .1151: .1201 - .1209 in the December 1, 
1992 North Carolina Register. 

Lsommcnt Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. Written comments may be presented at 
the public hearing or submitted to John P. 
Barkley. Department of Justice. P.O. Box 629, 
Raleigh, NC 27602-0629, (919) 733-4618. If you 
desire to speak at the public hearing, notify John 
P. Barkley at least three days prior to the public- 
hearing. Oral presentation lengths may be limited 
depending on the number of people that wish to 
speak at the public hearing. Only persons who 
have made comments at a public hearing or who 
have submitted written comments will be allowed 
to speak at the Commission meeting. Comments 
made at the Commission meeting must either 
clarify previous comments or address proposed 
changes from staff pursuant to comments made 
during the public hearing process. 

IT IS VERY IMPORTANT THAT ALL INTEREST- 
ED AND POTENTIALLY AFFECTED PERSONS, 
GROUPS, BUSINESSES, ASSOCIATIONS, INSTI- 
TUTIONS. OR AGENCIES MAKE THEIR VIEWS 
AND OPINIONS KNOWN TO THE COMMISSION 
FOR HEALTH SERVICES THROUGH THE PUB- 
LIC HEARING AND COMMENT PROCESS, 
WHETHER THEY SUPPORT OR OPPOSE AN)' 
OR .ALL PROVISIONS OF THE PROPOSED 
RULES. THE COMMISSION MAY MAKE 
CHANGES TO THE RULES AT THE COMMIS- 
SION MEETING IF THE CHANGES COMPLY 
WITH G.S. 150B-2 1.2(f). 

Iliditor's Note: Tliis Rule was filed as a tempo- 
rary repeal effective on December 1, 1992 for a 
period of ISO days or until the permanent rule 



becomes effective, whichever is sooner. 

CHAPTER 16 - ADULT HEALTH 

SUBCHAPTER 16A - CHRONIC DISEASE 

SECTION .0400 - CANCER PROGRAM 

.0401 DEFINITIONS FOR BREAST AND 
CERVICAL CANCER SERVICES 

■fa} — The Compr e h e n s ive Brea s t and Cervical 
Cancer Control Program provides: 

brea s t cancer screening and follow up 



I 



ih — 

s ervice s ; or 
{5} cervical cancer screening and follow up 



s ervice !' 



«+ 



ihj 4-fte — cancer — program — provides — tinanci 

assistance for the medical care of indigent patients 
requiring inpatient or outpatient: 

f-h diagno s tic s ervice s for cancer; or 



«H- 



treatment s ervices for cancer. 

The — following — definitions — s hall — apply 



throughout thi s Section: 



ftt- 



" brea s t — cancer — screening — services" 
mean s a clinical breast examination: a 
mammogram — in accordance — with the 
American — Cancer — Society — Guidelines 
for the Cancer related Check up: — Rcc 
ommendntion s ; — instruction — m — breast 



I 



;lt" e> 



f 



W- 



examinat i on; and documentation o 
s creening test results — in the patient's 
medical record and notification to the 
patient of the screening te s t re s ult s . 
The American Society Guideline s for 
the Cancer related Check up: — Rccom 
m e ndation s i s hereby incorporated by 
reference — including — ftny — sub s equent 
amendment s and editions. Thi s materi 
a4 — i s available — for in s pection at the 
Department — of Environment. — Health. 
aftd — Natural — Resources. — Divi s ion — ©f 
Adult Health. 1330 St. Mary's Street. 
Raleigh. North Carolina. — Copies may 
be obtained from the Division of Adult 
Health. — Department — of Environment. 
Health, and Natural Resources. PO Box 
27687. Raleigh. North Carolina 2761 1 
7687 at a cost set by that office, 
"cervical — cancer — s creening — services" 
means a pelvic examination; a Pap test 
in accordance with the American Soci 
ety Guidelines — for the cancer related 
check up: R e commendations and docu 
mentation of the screening test results 
tfi — the — patient' s — medical — record — ftftti 



# 



1986 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



notification to the patient of the screen 

ing test results. 
0) "follow up for breast cancer s creening 

services" mean s a repeat mammogram 

emd-, — when — medically — appropriate, — a 

diagnostic mammogram. 
(4) "follow up for cervical cancer s creening 

services" — means a repeat — Pap smear 

and, when medically appropriate, col 

poscopy directed biopsy, 
(d) The cancer program and The Comprehensive 
Brea s t and Cervical Cancer Control Program are 
admini s tered by the Division of Adult Health. 
Department of Environment, Health, and Natural 
Resources, — PrO, — Be* — 276 8 7. — Raleigh, — N€ 
27611 7687. 

Statutory Authority G.S. 130A-205; Sec. 301 & 
317, Public Health Services Act, as amended. 

TITLE 21 - OCCUPATIONAL 
LICENSING BOARD 

f\otice is hereby given in accordance with G.S. 
150B-21.2 that the Division of Facility Services 
(NC Board of Medical Examiners) intends to 
amend rules cited as 21 NCAC32H .0101 - .0102, 
.0201 - .0202, .0301 - .0303. .0401 - .0407, .0501 
- .0505. .0601 - .0602, .0701, .0801 - .0802. 
.0901. .1001 - .1004. 

I he proposed effective date of this action is April 
1. 1993. 

1 he public hearing will be conducted at 1:30 
p.m. on January 15. 1993 at the Council Building, 
Room 201, 701 Barbour Drive, Raleigh, NC 
27603. 

txcason for Proposed Action: To amend Ad- 
vanced Life Support (ALS) Rules to reflect changes 
in the standards of care, definitions, and certifica- 
tion procedures related to prehospital care. 

Ksomment Procedures: Written comments should 
be submitted to Jackie R. Sheppard, APA Coordi- 
nator. 701 Barbour Drive. Raleigh. NC 27603. by 
J aniuin- 14. 1993. 

CHAPTER 32 - BOARD OF MEDICAL 
EXAMINERS 



SUBCHAPTER 32H - EMERGENCY 

MEDICAL SERVICES ADVANCED LIFE 

SUPPORT 

SECTION .0100 - GENERAL 
INFORMATION 

.0101 AUTHORITY: INTENT AND 
GOALS 

(a) In establishing and approving rules pursuant 
to G.S. 143-514. it is the intent of the Board of 
Medical Examiners and the Department of Human 
Resources to respond to an ongoing need for 
critical shortage of professionally trained educated 
medical and nursing personnel for the delivery of 
fast, — efficient to deliver effective emergency 
medical care to the sick and injured at the scene of 
a medical emergency and during transport to a 
health care facility. 

(b) Improved emergency medical services are 
required to reduce the mortality and morbidity rate 
during the first critical minutes immediately fol- 
lowing trauma or the onset of a medical emergen- 
cy s uch a s an acute myocardial infarction . Within 
the goals of the Board of Medical Examiners and 
the Department of Human Resources in establish- 
ing these rules is the provision of the best and 
most economical delivery of emergency medical 
care. 

Statutory Authority G.S. 143-514. 

.0102 DEFINITIONS 

The following definitions apply in this Subchap- 
ter: 

(1) "Audit and review panel" means a com- 
mittee composed of representatives of the 
medical, nursing, administrative and 
prehospital care service elements of an 
mobile intensive care advanced life sup- 



(2) 



port (ALS) program that has the respon- 
sibility for the on-going monitoring and 
evaluation of the program. The chairman 
of the panel shall be a physician and a 
majority of the voting members shall be 
physicians. 

"Emergency medical technician-advanced 
intermediate (EMT-AI)" means a person 
specially trained educated in a program 
approved by the Office of Emergency 
Medical Services who has been certified 
or recertified by the Board of Medical 
Examiners as qualified to render the 
services enumerated in Rule .0406 of this 
Subchapter. 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1987 



PROPOSED RULES 



(3) "Emergency medical technician-defibrilla- 
tion (EMT-D)" means a person specially 
trained educated in a program approved 
by the Office of Emergency Medical 
Services who has been certified or recer- 
tified bv the Board of Medical Examiners 
as qualified to render the services enu- 
merated in Rule .0407 of this Subchapter. 

(4) "Emergency medical technician-interme- 
diate (EMT-I)" means a person specially 
trained educated in a training program 
approved by the Office of Emergency 
Medical Services who has been certified 
or recertified by the Board of Medical 
Examiners as qualified to render the 
services enumerated in Rule .0403 of this 
Subchapter. 

(5) "Emergency medical technician-paramed- 
ic (EMT-P)" means a person specially 
trained educated m emergency medical 
eefe in a training program approved by 
the Office of Emergency Medical Servic- 
es who has been certified or recertified 
by the Board of Medical Examiners as 
qualified to render the sen ices enumerat- 
ed in Rule .0402 of this Subchapter. 

(6) " Field technician Advanced Life Support 
Professional ( ALS Professional) " means 
a certified emergency medical technician- 
defibrillation. emergency medical techni- 
cian-intermediate, emergency medical 
technician-advanced intermediate. or 
emergency medical technician-paramedic 
whether working on a paid or volunteer 
basis . 

(7) "Medical control " means the manage- 
ment and accountability for the medical 
care aspects of an mobile intensive care 
ALS program . It entails physician direc- 
tion and oversight of the initial education 
and continuing training education of the 
f-k4d — technician s ALS professionals ; 
development and monitoring of both 
operational and treatment protocols; 
evaluation of the medical care rendered 
by the mobile inten s iv e care ALS person- 
nel; participation in system evaluation; 
and directing, by radio or telephone, the 
medical care rendered by the field teehn i 
cians ALS professionals . 

(8) "Medical director" means the physician 
responsible for the medical aspects of the 
management of an mobile inten s ive care 
ALS program . 

(9) "Mobile intensive care nurse (MICN)" 



(10) 



(11) 



(12) 



means a registered nurse who has been 
approved or reapproved by the Board of 
Medical Examiners to issue instructions 
to field technic i ans ALS professionals in 
accordance with protocols approved by 
the sponsor hospital and under the direc- 
tion of the responsible physician medical 
director. 

eefe Advanced 



I 



intensive 



life 



(13) 



"Mebii 

support program (ALS program) " means 
a program of prehospital emergency 
medical care whereby definitive medical 
care is delivered to a victim of sudden 
injury or illness by appropriately trained 
educated and certified prehospital techni - 
cian s ALS professionals operating under 
the direction of a sponsor hospital. All 
mobi l e intensive care ALS program s shall 
conform to the criteria established in the 
rules contained in this Subchapter and 
must be approved by the Office of Emer- 
gency Medical Services. 
"Mobile intensive care unit" means any 
emergency vehicle staffed by field teehni 
cian s ALS professionals and equipped in 
accordance with standards established by 
the North Carolina Medical Care Com- 
mission as found in 10 NCAC 3M .0202. 
.0203. .0204. aw} .0205, and .0207 to 
provide remote intensive care to sick and 
injured persons at the scene of a medical 
emergency and during transport to a 
health care facility. 

"Oral interview panel" means a commit- 
tee that i s composed of physicians^ ami 
nur s e s ALS professionals certified at or 
above the level of application and other 
medical personnel involved j_n the ALS 
program, who s e The responsibility of the 
oral interview panel is to interview each 
applicant for certification, or approval 
either collectively or individually, and 
evaluate his suitability to perform suc- 
cessfully at the certification level sought. 
The panel must be approved by the medi- 
cal director and consist of a minimum of 
three members including one physician 
and one ALS professional with a majority 
b e ing phy s ician s appointed bv the medi 
ea l director of the mobile intensive care 
program — m — which — &e — eretl — interview 
panel is functioning . 
"Office of Emergency Medical Services" 
means an official agency of the State of 
North Carolina. Department of Human 



I 



# 



19SS 



7:18 



XORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



) 



) 



> 



Resources, that serves in an administra- 
tive capacity to the Board of Medical 
Examiners. 

(14) "Physician" means an individual licensed 
by the Board of Medical Examiners to 
practice medicine in the State of North 
Carolina. 

(15) "Sponsor hospital" means a hospital and 
its medical staff which actively partici- 
pates in an mobile intensive care ALS 
program and has responsibility for pro- 
siding or ensuring the provision of initial 
education, continuing education, training 
education and medical direction control 
to the fi e ld technicians ALS profession- 
als . The sponsor hospital shall meet 
criteria adopted by the Board of Medical 
Examiners and be approved by the Office 
of Emergency Medical Services. 

( 16) "Study project" means a proposal involv- 
ing exceptions to the provisions of this 
Subchapter for the purpose of evaluating 
the efficiency and effectiveness of alter- 
nate means of providing mobile inten si ve 
eare ALS services to the citizens of 
North Carolina. 

( 17) "Blind insertion airway device" means an 
airway adjunct designed to be used as a 
pharyngeal or esophageal device which is 
inserted without the use of direct visual- 
ization. For the purposes of these Rules, 
this definition does not include esophage- 
aj obturator airways, esophageal gastric 
tube airways, or endotracheal tubes. 

Statutory Authority G.S. 143-514. 

SECTION .0200 - PROGRAM STANDARDS 
AND APPROVAL 

.0201 ADVANCED LIFE SUPPORT 
PROGRAM CRITERIA 

Mobile intensive enre ALS program s shall cover 
a defined service area of generally not less than 
one county and must have the following: 

( 1 ) a plan, as specified in Rule .0302 of this 
Subchapter, for the coordination of the 
sponsor hospitals participating in the 
program: 

(2) a designated medical director who shall 
be responsible either directly or by clear- 
ly established delegation to the other 
licensed physicians at the sponsor hospi- 
tal^ for the following: 

(a) the initial establishment and periodic 



updating of treatment protocols; 

(b) medical supervision of the selection, 
initial training education , continuing 
education and performance of the field 
technician s ALS professionals and 
MICN personnel; 

(c) the medical review of the care provided 
to patients; 

(d) keeping the care provided up to date 
current with advanced biomedical sci- 
ence and technology; and 

(e) participation in the overall management 
of the mobile intensive care ALS pro- 
gram in liaison with nursing, technical, 
and administrative staff of the program. 
The medical director has the authority 
to suspend temporarily, pending forma l 
due process review, an field technician 
ALS professional or MICN from fur- 
ther participation in the mobile inten 
sive care ALS program when in his 
determination the activities or medical 
care rendered by such personnel may 
be detrimental to the care of the patient; 

(3) an organized and defined system of com- 
munications that provides for: 

(a) public access through a central medical 
emergency communications center 
preferab l y utilizing a single, well publi 
cized te l ephone number : 

(b) dispatch and coordination of all re- 
sources (manpower, vehicles and equip- 
ment) essential to the effective and 
efficient management of requests for 
emergency medical assistance: 

(c) communications linkages for interacting 
with other public safety agencies to 
obtain additional resources required to 
support emergency medical services 
activities; and 

(d) two-way voice communications as 
specified in Rule .0303 (a) (2) (H) of 
this Subchapter between the field tech 
nician s ALS professionals and the 
personnel at the sponsor hospital re- 
sponsible for directing the medical 
treatment rendered by the technicians 
ALS professionals ; 

(4) adequate certified manpower to ensure 
that the program will be continuously 
available on a 24 hour-a-day basis: and 

(5) an audit and review panel that meets at a 
minimum on a regular quarterly basis and 
whose responsibilities include at least the 
following: 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1989 



PROPOSED RULES 



(a) reviewing mobile intensive cnre ALS 
cases to determine the appropriateness 
of the medical care rendered by all 
personnel involved in the cases; 

(b) making recommendations to the medical 
director for the continuing education 
program for mobile intensive cnre ALS 
personnel: and 

(c) reviewing the policies, procedures and 
protocols £&f of the mobile intensive 
eafe ALS program and making recom- 
mendations for improvement. 

Statutory Authority G.S. 143-514. 

.0202 PROGRAM APPROVAL 

(a) A complete proposal to establish or expand 
an mobile intensive care ALS program must be 
submitted to the Office of Emergency Medical 
Services at least 60 days prior to the planned field 
implementation or expansion of the program. 

(b) The proposal must demonstrate that the 
program meets the standards found in Rule .0201 
of this Section and must follow the format speci- 
fied by the Office of Emergency Medical Services. 

Statutory Authority G.S. 143-514. 

SECTION .0300 - HOSPITAL UTILIZATION 

.0301 HOSPITAL INVOLVEMENT 

Hospital and hospital medical staff participation 
in the establishment, operation and ongoing evalu- 
ation of mobile intensive care ALS program s is 
essential. The role of each participating hospital 
within the service area of an mobile inten s ive care 
ALS program must be defined, and the operational 
procedures outlined and agreed to by all partici- 
pants so as to help ensure proper coordination. 
Sponsor Hospitals approved — by — the — Office — ef 
Emergency Medical Service s a s a spon s or hospital 
may provide services utilizing mobile intensive 
eftfe ALS personnel for the delivery of emergency 
medical care to the sick and injured at the scene of 
an emergency and during training education of the 
teehnieinns ALS professionals . While functioning 
pursuant to these rules, the field technicians ALS 
professionals shall be under the control and super- 
vision of the physician or approved MICN of the 
sponsor hospital from which they are receiving 
instructions. 

Statutory Authority G.S. 143-514. 

.0302 PLAN FOR PARTICIPATING 



HOSPITALS 

(a) Each mobile intensive care ALS program 
shall have a written plan which outlines the roles 
and responsibilities of each of the sponsor hospitals 
that will function a s a s ponsor hospital in the 
program. The plan shall allow for the participa- 
tion of all hospitals within the service area of the 
mobile intensive care ALS program that meet the 
sponsor hospital criteria even though one or more 
hospitals may choose not want to participate at the 
initiation of the program. One hospital shall be 
designated as being administratively responsible 
for the mobile intensive care ALS program and as 
such have overall responsibility for administration 
and coordination of the program and ensuring 
compliance with the requirements of this Subchap- 
ter. Changes in this designation must be approved 
by the Office of Emergency Medical Services. 

(b) The plan shall be approved by the chief of 
staff and chief executive officer of each participat- 
ing hospital and shall include at a minimum: 

(1) a description of the role each hospital is 
to have in the mobile intensive care 
ALS program; 

(2) a description of the operational proce- 
dures to be followed by the mobile 
inten s ive cnre ALS professionals and 
MICN personnel to obtain medical 
direction; 

(3) the treatment protocols to be utilized in 
the program and a description of the 
procedure to be followed to modify 
them; 

(4) a description of how the audit and 
review function will be established and 
carried out; 

(5) a description of the methodology for 
providing continuing education for the 
mobile intensive eare ALS professionals 
and MICN personnel; and 

(6) a description of the mechanism for 
providing physician backup to the 
MICN personnel in programs where 
they are utilized. 

Statutory Authority G.S. 143-514. 

.0303 SPONSOR HOSPITAL 

(a) To be appro ved by the Office of Emergency 
Medical Services as a sponsor hospital, a hospital 
must: 

(1) demonstrate that it will function as part 
of a mobile inten s ive care ALS pro- 
gram in accordance with a plan meeting 
the requirements of Rule .0302 of this 



t 



t 



t 



1990 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



Section; 
(2) meet all of the following criteria: 

fA-) have an active cardiac care unit or 
intensive care unit of at lea s t four 
beds — i f the — mobile — i nten s ive — eafe 
program i s functioning at the EMT P 
level; 

(BA) have, at a minimum, M1CN coverage 
available 24 hours per day in the 
emergency department or critical care 
unit for communication with the field 
technician s ALS professionals ; 

(C-B) ensure 24 hour availability of a regis- 
tered nurse who is primarily responsi- 
ble to meet mobile inten s ive care ALS 
patients upon arrival at the emergency 
department; 

(BC)have a physician available to provide 
backup to the MICN issuing instruc- 
tions to the field — technicians ALS 
professionals ; 

(ED) appoint a registered nurse to act as a 
liaison between the field technician s 
ALS professionals and the hospitaf 
The nurse liaison must meet the re- 
quirements set forth in the "Guide- 



lines for the Selection and Perfor- 



mance of the Emergency Medical 
Services Nurse Liaison" dated Octo- 



ber 1990 and incorporated herein by 
reference including subsequent 
amendments and editions ; 

(FE) appoint a physician to serve as a 
medical director or liaison to the 
medical director of the mobile inten 
sive care ALS program; 

(GF) have written support letters for the 
program from both the chief executive 
officer and chief of staff of the hospi- 
tal; 

(HG)establish or participate in an audit and 
review panel that meets regularly at a 
minimum quarterly ; 

(LH) have access to and operate a commu- 
nications system that will provide, at 
a minimum, two-way voice communi- 
cations to mobile inten s ive care field 
technicians ALS professionals any- 
where in the service area of the frte- 
bfle — intensive — eafe ALS program. 
The program medical director must 
verify that, in his opinion, the com- 
munications system js satisfactory for 
on-line medical control. The commu- 
nications system shall provide for 



communication from the onset of 
patient treatment through the delivery 
of the patient at the medical treatment 
facility. The communications system 
shall be operational 24 hours per day 
and shall allow for initiation of com- 
munication by either the fi e ld techni 
cian s ALS professionals or by the 
sponsor hospital that is directing the 
patient care procedures and treatment. 
Approved first responder organiza- 
tions functioning at the EMT-D level 
of care as part of approved ALS 
programs are exempt from the re- 
quirements of this Paragraph ; 
(i\) provide orientation regarding the 
mobile inten s ive care ALS program to 
appropriate medical and nursing 
personnel at the hospital; 
(KJ) have treatment protocols adopted by 
the medical staff covering the perfor- 
mance of field technicians ALS pro- 
fessionals which are consistent with 
those being used throughout the me- 
bile inten s ive care ALS program; 
(LK) provide or ensure provision of a 
continuing education program of at 
least four hours per month approved 
by the Office of Emergency Medical 
Services for mobile — int e n s ive — eafe 
ALS professionals and MICN person- 
nel; and 
(ML)provide or ensure provision of super- 
vised clinical experience for those 
participating in the training education- 
al program, 
(b) In addition, the sponsor hospital designated 
as administratively responsible for the mob i le 
inten s ive care ALS program must have a physician 
in the emergency department 24 hours a day who 
is available to give orders and medical direction to 
the field — technician s ALS professionals . For 
mobile intensive enre ALS programs that do not 
have a participating hospital within their area with 
a physician in the emergency department 24 hours 
a day, this requirement may be met by the sponsor 
hospital designated as administratively responsible 
for the program defining a mechanism to provide 
physician backup to the MICN and medical control 
to the field technicians ALS professionals . 

Statutory Authority G.S. 143-514. 

SECTION .0400 - EDUCATION AND 
PERFORMANCE OF ADVANCED LIFE 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1991 



PROPOSED RULES 



SUPPORT PERSONNEL 

.0401 EDUCATIONAL PROGRAMS 

(a) An training educational program intended to 
qualify personnel as field technician s ALS profes- 
sionals or MICNs must be approved by the Office 
of Emergency Medical Services. Proposals for 
training educational programs must be submitted 
for approval at least 20 days prior to the date on 
which training the program is scheduled to start. 

(b) Fie l d technician trainee s ALS professional 
students may perform the services and functions 
permitted by the rules contained in this Subchapter 
for their certification level during: 

(1) the clinical training portion of an ap- 
proved training educational program 
while caring for patients in the sponsor 
hospital or other facility approved by 
the medical director and the Office of 
Emergency Medical Services , provided 
that the related didactic work has been 
completed and that they are under the 
direct supervision of a physician or 
registered nurse; 

(2) a field internship provided that: 

(A) the related didactic and clinical work 
of an approved training educational 
program has been completed; 

(B) they are directly supervised and ac- 
companied by an field technician ALS 
professional certified at a like or 
higher certification level or a physi- 
cian; and 

(C) the internship is conducted within an 
mobile intensive care ALS program 
approved at the same or higher certifi- 
cation level for which the personnel 
are being trained of the educational 
program . 

Statutory Authority- G.S. 143-514. 

.0402 EMERGENCY MEDICAL 

TECHNICIAN-PARAMEDIC 
PERFORMANCE 

EMT-Ps trained educated in approved training 
programs, certified by the Board of Medical 
Examiners to perform medical acts, and function- 
ing in an approved mobile intensive care ALS 
program may do any of the following in accor- 
dance with the protocols established by their 
sponsor hospital: 

(1) While at the scene of a medical emergen- 
cy where the capability of continuous 
two-way voice communication^ — or the 



(a) 



capability of continuous two way voice 

communication supplemented by — a 

telemetered electrocardiogram, is main- 
tained with a physician or approved 
MICN located in the sponsor hospital, 
and upon order of such physician or 
MICN: 
establish an intravenous line in a pe- 
ripheral vein and administer any intra - 
venous solution approved by the Board 
of Medical Examiners for use by EMT 
Ps of the following intravenous solu- 
tions:t 



m 

iii) 

(iii) 
tiv) 
iYi 
(vi) 



Dextrose 5% in Water; 



Lactated Ringers Solution: 

Normal Saline; 

Dextrose 5% Lactated Ringers; 



Dextrose 5% j_/2 Normal Saline: 
Dextrose 5% 1/4 Normal Saline; 



(vii) Dextrose 10% jn Water; and 
(viii) Dextrose 5% Normal Saline ; 

(b) obtain blood for laboratory analysis; 

(c) administer parenterally. orally. 

sublingually. — or topically in an ap- 
proved fashion via an appropriate route 
any of the following drugs medications 
approved — by — tb« — Board — of Medical 
Examiners for use by EMT Ps; .: 

ADVANCED CARDIAC LIFE SUPPORT MEDI- 
CATIONS: 



lii Atropine: 

(ii) Bretylium: 

(iii) Calcium Chloride/Gluconate; 

(iv) Dobutamine; 

(v) Epinephrine 1:1000; 

(vi) Epinephrine 1:10.000; 

(vii) Isoproterenol; 

(viii) Lidocaine; 

(ix) Sodium Chloride Injection: 

(x) Procainamide; 

(xi) Sodium Bicarbonate; 
ANESTHETICS: 

(1) Lidocaine 1% or 2%; 

(ii) Procaine 1 % or 2%: 
CARDIORESPIRATORY AGENTS: 

jTj Adenosine; 

(ii) Albuterol (by inhalation); 

(iii) Aminophylline; 

(iv) Furosemide; 

(v) Isoetharine (by inhalation); 

(vi) Metaproterenol (by inhalation); 

(vii) Nifedipine: 

(viii) Nitroglycerin Sublingual; 

(ix) Nitroglycerin Paste; 

(x) Propranolol; 



I 



♦ 



# 



1992 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



(xi) Racemic Epinephrine (by inhalation); 
(xii) Terbutaline (injectable or by inhala- 
tion); 
(xiii) Verapamil; 



OTHER MEDICATIONS: 

Diazepam Injectable; 
Diphenhydramine Injectable; 
Dextrose 50%; 



ill 

iii) 
(iii) 
ijv) 

(v) 

(vi) 
(vii) 



Glucagon (Intramuscular or Subcuta- 
neous); 

Heparin (for use with heparin locks); 
IV Steroid Preparations; 
Mannitol; 

(viii) Naloxone; 

(ix) Phenytoin Injectable; 

(x) Promethazine; 

(xi) Thiamine (intramuscular or intrave- 
nous); 
ANALGESICS: 

(i) Meperidine; 

(ii) Morphine Sulfate: 

(iii) Nalbuphine Hydrochloride: 

(iv) Nitrous Oxide (via respirator,' route); 



fd-) perform — pulmonary — v c ntilati 



-by 



moans of an esophageal obturator air 
way. esophageal ga s tric tube airway, 
pharyngeo tracheal — lumen — airway — ef 
endotracheal tube; 

(ed) perform defibrillation or cardioversion; 

(fe) use gas-powered or hand-powered 
nebulizers; 

(gf) decompress a tension pneumothorax by 
use of a catheter-flutter-valve device; 

(hg) use positive end expiratory pressure 
respirators; 

(th) perform cricothyrotomy for relief of 
upper airway obstruction: 

(ji) perform gastric suction by intubation; 

(kj) perform urinary catheterization; 

(ik) perform external cardiac pacing; asd 

(f»l) establish an intraosseous infusion line in 
appropriate patients under 60 months of 
age and use it to administer any appro- 
priate intravenous fluid or drug s medi- 
cation approved by the Board of Modi 
eal — Examiners — for use by — EMT Ps. 
specified m this Rule ; 

( m ) administer fluids and medications using 
previously established indwelling semi- 
permanent central venous catheters; and 

(n) place and maintain heparin or saline 

locks. 

(2) When confronted with a pul s ele ss — rt&ft- 

breathing patient life threatening clinical 

situations as defined [n the patient care 






(d) 



(e) 



ill 

ill) 

(iii) 

(iv) 

iv] 

(vi) 



protocols established by the sponsor 
hospital of the ALS program and ap- 
proved by the Office of Emergency Med- 
ical Services, perform as necessary under 
standing orders any of the following prior 
to contacting the sponsor hospital: 
cardiopulmonary re s uscitation, defibrilla 
tion. pulmonary ventilation by means of 
an e s ophageal obturator airway, esopha 
geal — gastric — tube — airway, — pharyngeo 
trachea l l umen airway or endotracheal 
tube, and administer appropriate cardiac 
drugs. 
cardiopulmonary resuscitation: 
defibrillation; 

pulmonary ventilation by means of a 
blind insertion airway device or endo- 
tracheal tube; 

establish an intravenous line in a pe- 
ripheral vein. If the intravenous line is 
not successfully established after two 
attempts, the EMT-P must contact the 
sponsor hospital prior to making anoth- 
er attempt; 

administer the following medications: 
Albuterol (by inhalation); 
Bretylium; 
Epinephrine 1 : 1000: 



Epinephrine 1:10.000: 
Furosemide: 



(3) 



Metaproterenol (by inhalation); 

(vii) Nitroglycerin: 

(viii) Terbutaline (injectable or by inhala- 
tion): 

(ix) Atropine; 

(x) Dextrose 50%; 

(xi) Lidocaine: 

(xii) Naloxone; and 

(xiii) Sodium Bicarbonate . 

E s tabli s h an intravenou s line in a periph 
oral ve i n and administer any intravenou s 
solution approved by the Board of Modi 
cal Examiners for use by EMT P s under 
standing orders prior to contacting the 
s pon s or ho s pital. — If the intravenous line 
is not successfully establi s hed after two 
attempts, the EMT P mu s t contact the 
sponsor hospital prior to making another 
attempt. When transporting fro m one 
medical facility to another a patient who 
js receiving intravenous therapy begun at 
the transferring facility, and where the 
ca pability of continuous two-way voice 
communication rs maintained with a 
physician or approved MICN located in 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1993 



jjMmmew www ii 



PROPOSED RULES 



the sponsor hospital, and upon order of 
such physician or MICN, EMT-Ps may 
maintain intravenous lines for the follow- 
ing medications: 



(iii) Albuterol; 



(a) IV Antibiotics; 

(b) Whole Blood and Components: 

(c) Heparin Drip; 

(d) Magnesium Sulfate Drip; 

(e) Nitroglycerin Drip; 

(f) Potassium Chloride; 

(g) I'rokinase; 

(h) Streptokinase; and 

(i) Tissue Plasminogen Activator . 

Statutory Authority G.S. 143-514. 

.0403 EMERGENCY MEDICAL 

TECHNICIAN-INTERMEDIATE 
PERFORMANCE 

EMT-Is trained educated in approved training 
programs, certified by the Board of Medical 
Examiners to perform medical acts, and function- 
ing in an approved mobile i nten s ive care ALS 
program may do any of the following in accor- 
dance with the protocols established by their 
sponsor hospital: 
( 1 ) While at the scene of a medical emergen- 
cy where the capability of continuous 
two-way voice communication is main- 
tained with a physician or approved 
MICN located in the sponsor hospital, 
and upon order of such physician or 
MICN: 
(a) establish an intravenous line in a pe- 
ripheral vein and administer airy of the 
following solution s — by intravenous 
solutions infusion : 
(i) Dextrose 5 % in Water: 
(ii) Lactated Ringers Solution: and 
(iii) Normal Saline; and 
iW) — dextrose 50 percent; 



(b) perform pulmonary ventilation by 
means of aft esophageal obturator air 
way. esophageal gastric tube airway or 
pharyngeo tracheal lumen airway blind 
insertion airway device ; 

(c) obtain blood for laboratory analysis; 
a n u 

(d) administer suhcutaneously 1:1000 epi 
nephrine — te — tfeat — s y s temic — allergic 
reactions, in an approved fashion via 
an appropriate route any of the follow- 
ing medications: 

ii] Dextrose 50%; 

(ii) Epinephrine 1 : 1 000 ; 



(2) 



(iv) Heparin (for use with heparin locks); 
(v) Metaproterenol (by inhalation); 
(vi) Terbutaline (injectable or by inhala- 
tion): and 
(vii) Naloxone; 

place and maintain heparin or saline 

locks; and 



I 



iii 

ibj 



idi 



ie) 



use gas-powered or hand-powered 
nebulizers . 
When confronted with a pulseless, non - 
breathing patient life threatening clinical 
situations as defined m the patient care 
protocols established by the sponsor 
hospital of the ALS program and ap- 
proved by the Office of Emergency Med- 
ical Services , perform as necessary under 
standing orders any of the following prior 
to contacting the sponsor hospital: cardio 
pulmonary re s u s c i tat i on including, when 
appropriate. — defibrillation by means of 
an automatic or semi automatic — defibril 
lator. pulmonary ventilation by mean s of 
an esophageal obturator airway, esopha 
geal gastric tube airway or pharvngco 
tracheal lumen airway and establish an 
intravenou s — Itne — m — et — peripheral — v-etft 
when a ss i s ting an EMT Paramedic 
cardiopulmonary resuscitation; 
defibrillation by means of an automatic 
or semi-automatic defibrillator; 
pulmonary ventilation by means of a 
blind insertion airway device or endo- 
tracheal tube only when confronted with 
a pulseless non-breathing patient; 
establish an intravenous line in a pe- 
ripheral vein. If the intravenous line is 
not successfully established after two 
attempts, the EMT-1 must contact the 
sponsor hospital prior to making anoth- 
er attempt: 
administer the following medications: 



I 



ill 

liii 

(iii) 
iiyj 
iv) 



Albuterol 



Dextrose 50%: 
Epinephrine 1 : 1000: 
Metaproterenol (by inhalation): 
Terbutaline (injectable or by inhala- 
tion): and 
(vi) Naloxone. 
(3) When m the presence of an EMT-P or 
EMT-A1. perform any act listed in this 
Rule upon direction of the EMT-P or 
EMT-AI as defined by the patient care 
protocols of the ALS program and ap- 
proved by the Office of Emergency Med- 



I 



1994 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



ical Services. 



Statutory Authority G.S. 143-514. 

.0404 MOBILE INTENSIVE CARE 
NURSE PERFORMANCE 

MICNs currently approved by the Board of 
Medical Examiners, while functioning under the 
direction of a physician in the sponsor hospital of 
an approved mobile inten s ive care ALS program , 
may direct field technician s ALS professionals to 
perform actions as defined in the adopted patient 
care protocols established by the sponsor hospital 
for that mobile inten s ive care ALS program . All 
orders issued to ALS professionals by MICNs 
must be co-signed by a physician. 

Statutory Authority G.S. 143-514. 

.0405 ALS PROFESSIONAL 

PERFORMANCE IN THE 
PRESENCE OF A PHYSICIAN 

When there is a physician licensed to practice 
medicine present at the scene of a medical or 
traumatic emergency and that physician chooses to 
assume medical responsibility for the patient, the 
field technicians ALS professionals at the scene 
shall: 

(1) require and allow that physician to con- 
tact the sponsor hospital and the physi- 
cian who receives the call at the sponsor 
hospital shall make the decision as to 
whether or not the physician on the scene 
is to be allowed to take charge of the 
patient and give orders; 

(2) if the physician on the scene is allowed to 
take charge, permit that physician's 
orders to take precedence over all other 
procedures or protocols normally utilized 
within that mobile intensive care ALS 
program ; and 

(3) follow the orders of the physician within 
the limits enumerated in Rules .0402, 
.0403. .0406 and .0407 of this Section. 

Statutory Authority G.S. 143-514. 

.0406 EMERGENCY MEDICAL 

TECHNICIANS: ADVANCED 
INTERMEDIATE PERFORMANCE 

EMT-advaneed intermediates trained educated in 
approved training programs, certified by the Board 
of Medical Examiners to perform medical acts and 
functioning in an approved mobile intensive care 
ALS program , may do any of the following in 



accordance with the protocols established by their 
sponsor hospital: 
(1) While at the scene of a medical emergen- 
cy where the capability of continuous 
two-way voice communication is main- 
tained with a physician or approved 
MICN located in the sponsor hospital, 
and upon order of such physician or 
MICN: 
(a) establish an intravenous line in a pe- 
ripheral vein and administer any intra 
venou s s olution approved by the Board 
of Medica l Examiner s for use by EMT 
A+9 of the following intravenous solu- 
tions; 



ill 

iii) 

(iii) 

(iv) 

(Y) 

(vi) 

(vii) 



Dextrose 5% rn Water; 
Lactated Ringer's Solution; 
Normal Saline; 
Dextrose 5% 1/2 Normal Saline; 



Dextrose 5% 1/4 Normal Saline; 
Dextrose 5% Normal Saline 
Dextrose 10% in Water; and 



(viii) Dextrose 5% Lactated Ringer's Solu- 
tion ; 

(b) obtain blood for laboratory analysis; 

(c) administer parenterally, orally, 

sublingually, — »f — topically in an ap- 
proved fashion via an appropriate route 
any of the following drugs medications 
approved — by — the — Board — of Medical 
Examiner s for use by EMT Als ; 

Albuterol (by inhalation); 

Atropine : 

Dextrose 50%; 



ill 

iii) 
(iii) 
(iv) 
iv) 



Epinephrine 1 : 1000; 

Epinephrine 1:10,000; 
(vi) Heparin (for use with heparin locks); 
(vii) Lidocaine; 



(viii) Metaproterenol (by inhalation); 
(ix) Naloxone; 
(x) Sodium Bicarbonate; and 
(xi) Terbutaline (injectable or by inhala- 
tion): 
•fd) admini s ter s ubcutaneously 1:1000 epi 
nephrine — to — treat — s y s temic — allergic 
reaction s ; 
(ed) perform pulmonary ventilation by 
means of an esophageal obturator air 
way, esophageal gastric tube airway, 
pharyngeo tracheal lumen airway blind 
insertion airway device or endotracheal 
tube; 
(fe) perform defibrillation; 
(gf) perform external cardiac pacing; and 
(hg) establish an intraosseous infusion line in 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1995 



PROPOSED RULES 



appropriate patients under 60 months of 
age and administer any appropriate 
intravenous fluid or drugs medications 
approved by the Board of Medical 
Examiners for use by EMT-AIst; 
(h) administer fluids and medications using 
previously established indwelling semi- 
permanent central venous catheters; 
(i) use positive end expiratory pressure 

respirators; and 
(j) place and maintain heparin or saline 

locks; 
(k) use gas-powered or hand-powered 
nebulizers. 
(2) When confronted with a pul s ele ss , non 
breathing patient life threatening clinical 
situations as defined in the patient care 
protocols established by the sponsor 
hospital of the ALS program and ap- 
proved by the Office of Emergency Med- 
ical Services, perform as necessary under 
standing orders any of the following prior 
to contacting the sponsor hospital : per- 

form cardiopulmonary re s u s citation. 

defibrillation, pulmonary ventilation by 
mean s of an esophageal obturator airway. 

esophageal gastrie tobe airway. 

pharyngco tracheal — l umen — airway — &f 
e ndotracheal tube and administer appro 
priate cardiac drugs prior to contacting 
the s pon s or ho s pital . 
cardiopulmonary resuscitation; 
defibrillation: 

pulmonary ventilation by means of a 
blind insertion airway device or endo- 
tracheal tube only when confronted with 
a pulseless non-breathing patient; 
establish an intravenous line in a pe- 
ripheral vein. If the intravenous line is 
not successfully established after two 
attempts, the EMT-AI must contact the 
sponsor hospital prior to making anoth- 
er attempt; 
(e) administer the following medications: 



iai 

lb] 



(dj 



ill 

nil 

(iii) 

(iy) 

[v] 

M) 

mi 



Albuterol (by inhalation) 

Atropine; 

Dextrose 50% 



Epinephrine 1 : 1000; 

Epinephrine 1:10.000; 

Lidocaine: 

Metaproterenol (by inhalation); 
(viii) Naloxone; 
(ix) Sodium Bicarbonate; and 
(x) Terbutaline (injectable or by inhala- 

tion). 



(3) When transporting a patient from one 
medical facility to another who is receiv- 
ing intravenous therapy begun at the 
transferring facility, and where the capa- 
bility of continuous two-way voice com- 
munication is maintained with a physician 
or approved MICN located In the sponsor 
hospital, and upon order of such physi- 
cian or MICN, EMT-AIs may maintain 
intravenous lines for the following medi- 
cations: 

(a) Whole Blood and Components; and 

(b) Potassium Chloride. 

(4) When in the presence of an EMT-P, 
perform any act listed in this Rule upon 
direction of the EMT-P as defined by the 
patient care protocols of the ALS pro- 
gram and approved by the Office of 
Emergency Medical Services. 

Statutory Authority G.S. 143-514. 

.0407 EMERGENCY MEDICAL 

TECHNICIAN - DEFIBRILLATION 
PERFORMANCE 

EMT-Ds trained educated in approved programs, 
certified by the Board of Medical Examiners to 
perform medical acts, and functioning in an ap- 
proved mobile inten s ive care ALS program may T 
perform any of the following in accordance with 
the protocols established by their sponsor hospital: 
( 1 ) wWhen confronted with a pulseless non- 
breathing patient, perforin as necessary' 
under standing orders any of the follow- 
ing prior to contacting the sponsor hospi- 
tal: defibrillation by means of an auto 
matic — ef — s emi automatic — defibrillator. 
Defibrillation may be performed prior to 
contacting the sponsor hospital. 
defibrillation by means of an automatic 
or semi-automatic defibrillator: 



(a, 
ib) 



i£l 



l2j 



pulmonary ventilation by means of a 
blind insertion airway device; and 
cardiopulmonary resuscitation. 
When confronted with life threatening 
clinical situations as defined in the patient 
care protocols established by the sponsor 
hospital of the ALS program and ap- 
proved by the Office of Emergency Med- 
ical Services, administer subcutaneously 
1 : 1 000 epinephrine to treat systemic 
allergic reactions under standing orders 
prior to contacting the sponsor hospital. 



Statutory Authority' G.S. 143-514. 



I 



I 



1996 



7: IS 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



> 



> 



) 



SECTION .0500 - CERTIFICATION AND 

APPROVAL REQUIREMENTS FOR 

ADVANCED LIFE SUPPORT PERSONNEL 

.0501 CERTIFICATION REQUIREMENTS: 
EMT-PARAMEDIC 

(a) To become certified as an EMT-P, a person 
shall meet the following criteria: 

(1) be currently certified as an emergency 
medical technician in the State of North 
Carolina; 

(2) be affiliated on a continuous basis with 
an ambulance provider that has been 
issued a permit by the Office of Emer- 
gency Medical Services and functions 
as part of an approved mobile intensive 
eare ALS program ; 

0) present evidence that he i s of s uitable 

character — and — phy si cally — capable — ef 
performing a s an EMT P; 

(43) successfully complete, within one year 
of application, an EMT-P training 
course educational program approved 
meeting the requirements of the "North 
Carolina EMT-P Curriculum Outline" 
dated November 1990 incorporated 
herein by reference including subse- 
quent amendments and editions, by the 
Office of Emergency Medical Services, 
following guideline s e s tabli s hed by the 
Board of Medical Examiner s. If the 
training educational program was com- 
pleted over one year prior to applica- 
tion, a person must submit evidence of 
completion of pertinent refresher train 
mg continuing education in emergency 
medicine taken in the past year and 
have the training continuing education 
approved by the Office of Emergency 
Medical Services; 

(§4) successfully complete a performance 
evaluation conducted under the direc- 
tion of the medical director of the 
mobile — intensive — eafe ALS program 
assessing his ability to perform the 
skills and procedures specified in Rule 
.0402 of this Subchapter; 

(65) be recommended for certification upon 
examination by an oral interview panel 
established by the mobile inten s ive care 
ALS program in which he is proposing 
to function; 

(76) pass a basic life support practical exam- 
ination approved or administered by the 
Office of Emergency Medical Services; 



and 
(87) pass the EMT-P written examination 
administered by the Office of Emergen- 
cy Medical Services. 

(b) Persons holding current certification as an 
EMT-P with the National Registry of Emergency 
Medical Technicians or in another state where the 
training educational and certification requirements 
have been approved for reciprocity legal recogni- 
tion by the Office of Emergency Medical Services 
may become certified by: 

( 1 ) presenting evidence of such certification 
for verification by the Office of Emer- 
gency Medical Services; and 

(2) meeting the criteria specified in Sub- 
paragraphs (a)( 1 ), (a)(2), {a^ (a)(54), 
and (a)(65) of this Rule. 

(c) Certification obtained through reciprocity 
legal recognition shall be valid for twe four years 
or the unexpired term of the certification that was 
used to obtain a certification in this state, whichev- 
er is shorter. All certifications shall be valid for 
the period stated on the certificate issued to the 
applicant. This period shall not exceed fwe four 
years. Persons must be recertified by presenting 
documentation to the Office of Emergency Medical 
Services that they have successfully completed 
either of the following options: 

OPTION I: 

(1) an ongoing continuing education pro- 
gram under the direction of the medical 
director, approved meeting the require- 
ments of "Guidelines for Continuing 
Education and Performance Evaluation 
of Emergency Medical Services Ad- 
vanced Life Support Personnel" dated 
February 1988 incorporated herein by 
reference including subsequent amend- 
ments and editions; by the Office of 
Emergency Medical Services following 
guidelines approved by the Board of 
Medical Examiner s; 

(2) an ALS performance evaluation con- 
ducted under the direction of the medi- 
cal director meeting the requirements of 
"Guidelines for Continuing Education 
and Performance Evaluation of Emer- 



gency Medical Services Advanced Life 
Support Personnel" dated February 
1988 incorporated herein by reference 
including s ubsequent amendments and 
editions following guidelin es e s tabli s hed 
by the Board of Medical Examiners. 
assessing the ability to perform the 
skills specified in Rule . 0402 of this 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1997 



PROPOSED RULES 



Subchapter; and 
(3) basic life support practical and EMT-P 
written examinations administered by 
the Office of Emergency Medical Ser- 
vices; or 
OPTION II: 

( 1 ) the criteria specified in Subparagraph 
(c)( 1 ) and (c)(2) of OPTION I of this 
Rule; 

(2) at least one basic life support skills 
evaluation following guidelines estab- 
lished by the Office of Emergency 
Medical Services conducted under the 
direction of the medical director assess- 
ing the ability to perform the skills 
required of an emergency medical 
technician as specified by the North 
Carolina Medical Care Commission 
following guidelines established by the 
Board of Medical Examiners ; and 

(3) at least one EMT-P written examination 
following guidelines established by the 
Office of Emergency Medical Services 
administered under the direction of the 
medical director in compliance with the 
test specifications of the state EMT-P 
written examination and the guidelines 
established by the Board of Medical 
Examiner s. 

Statutory Authority G.S. 143-514. 

.0502 CERTIFICATION REQUIREMENTS: 
EMT-INTERMEDIATE 

(a) To become certified as an EMT-I a person 
must meet the following criteria: 

(T) be currently certified as an emergency 
medical technician in the State of North 
Carolina; 

(2) be affiliated on a continuous basis with 
an ambulance provider that has been 
issued a permit by the Office of Emer- 
gency Medical Services and functions 
as part of an approved mobile inten s ive 
eafe ALS program ; 

i$) present evidence that he i s of s uitable 

character — emd — physically — capable — ef 
performing as an EMT I; 

(43) successfully complete, within one year 
of application, an EMT-1 training 
cour s e educational program meeting the 
requirements of the "North Carolina 
EMT-I Curriculum Outline" dated 
November 1990 incorporated herein by 
reference including subsequent amend- 



ments and editions, approved by the 
Office of Emergency Medical Services, 
following guideline s established bv the 
Board of Medical Examiners . If the 
training educational program was com- 
pleted over one year prior to applica- 
tion, a person must submit evidence of 
completion of pertindent refresher 
training continuing education in emer- 
gency medicine taken in the past year 
and have the training continuing educa- 
tion approved by the Office of Emer- 
gency Medical Services; 

(§4) successfully complete a performance 
evaluation conducted under the direc- 
tion of the medical director of the 
mobile — intensive care ALS program 
assessing his ability to perform the 
skills and procedures specified in Rule 
.0403 of this Subchapter; 

(65) be recommended for certification upon 
examination by an oral interview panel 
established by the mobile intensive care 
ALS program in which he is proposing 
to function; 

(76) pass a basic life support practical exam- 
ination approved or administered by the 
Office of Emergency Medical Services; 
and 

(87) pass the EMT-I written examination 
administered by the Office of Emergen- 
cy Medical Services. 

(b) Persons holding current certification as an 
EMT-I with the National Registry of Emergency 
Medical Technicians or in another state where the 
training educational and certification requirements 
have been approved for r e ciprocity legal recogni- 
tion by the Office of Emergency Medical Services 
may become certified by: 

( 1 ) presenting evidence of such certification 
for verification by the Office of Emer- 
gency Medical Services: and 

(2) meeting the criteria specified in Sub- 
paragraphs (a)(l ), (a)(2). (a)(3), (a)(54). 
and (a)(65) of this Rule. 

(c) Certification obtained through reciprocity 
legal recognition shall be valid for two four years 
or the unexpired term of the certification that was 
used to obtain a certification in this state, whichev- 
er is shorter. All certifications shall be valid for 
the period stated on the certification issued to the 
applicant. This period shall not exceed two four 
years. Persons must be recertified by presenting 
documentation to the Office of Emergency Medical 
Services that they have successfully completed 



I 



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7:18 



XORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



) 



) 



) 



either of the following options: 
OPTION I: 

(1) an ongoing continuing education pro- 
gram under the direction of the medical 
director, approved meeting the require- 
ments of "Guidelines for Continuing 
Education and Performance Evaluation 
of Emergency Medical Services Ad- 
vanced Life Support Personnel" dated 
February 1988 incorporated herein by 
reference including subsequent amend- 
ments and editions; by the Office of 
Emergency Medical Service s following 
guidelines approved by the Board of 
Medical Examiner s; 

(2) an ALS performance evaluation con- 
ducted under the direction of the medi- 
cal director meeting the requirements of 
"Guidelines for Continuing Education 
and Performance Evaluation of Emer- 
gency Medical Services Advanced Life 
Support Personnel" dated February 
1988 incorporated herein by reference 
including subsequent amendments and 
editions following guideline s e s tablished 
by the Board of Medical Examiner s , 
assessing the ability to perform the 
skills specified in Rule . 0403 of this 
Subchapter; and 

(3) basic life support practical and EMT-I 
written examinations administered by 
the Office of Emergency Medical Ser- 
vices; or 

OPTION II: 

(1) the criteria specified in Subparagraph 
(c)(1) and (c)(2) of OPTION I of this 
Rule; 

(2) at least one basic life support skills 
evaluation following guidelines estab- 
lished by the Office of Emergency 
Medical Services conducted under the 
direction of the medical director assess- 
ing the ability to perform the skills 
required of an emergency medical 
technician as specified by the North 
Carolina Medical Care Commission 
following guidelines establi s hed by the 
Board of Medical Examiners ; and 

(3) at least one EMT-I written examination 
following guidelines established by the 
Office of Emergency Medical Services 
administered under the direction of the 
medical director in compliance with the 
test specifications of the state EMT-I 
written examination and the guidelines 



establi s hed by the Board of Medical 
Examiners . 

Statutory Authority G.S. 143-514. 

.0503 APPROVAL REQUIREMENTS: 

MOBILE INTENSIVE CARE NURSE 

(a) To be approved as a MICN, a person must 
meet the following criteria: 

(1) be currently licensed as a registered 
nurse in the State of North Carolina; 

(2) be affiliated on a continuous basis with 
a sponsor hospital which is part of an 
approved mobile intensive care ALS 
program ; 

(3) have a minimum of two years emergen- 
cy or critical care nursing experience, 
or a combination of this experience; 

(4) present evidence of successful comple- 
tion of a MICN educational program aft 
Emergency Nur s e Education Program 
that included current information taught 
in Advanced Cardiac Life Support and 
Ba s ic — Trauma — Life — Support — courses 
meeting the requirements of the "North 
Carolina MICN Curriculum Outline" 
dated November 1990 incorporated 
herein by reference including subse- 
quent amendments and editions, by the 
Office of Emergency Medical Servic es , 
following guideline s establi s hed by the 
Board of Medical Examiners . If the 
training educational program was com- 
pleted over one year prior to applica- 
tion, a person must submit evidence of 
completion of pertinent refre s her train 
tftg continuing education in emergency 
medicine taken in the past year and 
have the training continuing education 
approved by the Office of Emergency 
Medical Services; and 

{Sj complete a minimum of five emergency 
calls on a field ambulance that requires 
a patient to be tran s ported; and 

(65) be recommended by the medical direc- 
tor of the mobile intensive care ALS 
program after determining that the 
applicant is adequately familiar with the 
patient care and operational protocols of 
the mobile intensive care ALS program . 

(b) Approval shall be valid for a period not to 
exceed twe four years at which time the person 
may be reapproved by either of the following 
options: successfully completing an approved 
MICN reapproval program under the direction of 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1999 



■m— 



PROPOSED RULES 



the medical director, meeting the requirements of 
"Guidelines for Reapproval of Mobile Intensive 
Care Nurses" dated May 1992 incorporated herein 
by reference including subsequent amendments and 
editions. 



OPTION I: 



fH present evidence ot current certification 

in Advanced Cardiac Life Support; 

idcncc of current certification 



m- 



present c\ 



V&- 



in Basic Trauma Life Support or cquiv 

nlcnt; 

bo recommended by the medical dircc 

tor of the mobile intensive care pro 

gram after an audit of at least ten calls 

s upervised by the applicant; and 

£4} complete a minimum of five emergency 

calls on a field ambulance that requires 
a patient to be transported; or 



OPTION II: 



6B- 



af 



m- 



&)- 



complete a minimum of 4 8 hour s 
continuing medical education approved 
by the local audit and review panel ; 
pass a written examination administered 
by the Office of Emergency Medical 
Services which evaluate s current infor 
mation contained in Advanced Cardiac 
Life Support and Basic Trauma Life 
Support cour s e s ; 

be recommended by the medical direc 
tor of the mobile intensive care pro 
gram after an audit of at lea s t ten call s 
s upervi s ed by the applicant; and 



^+ 



tplete 



a minimum or rive emergen 



cy calls on a field ambulance that 
requires a patient to be tran s ported. 

Statutory Authority G.S. 143-514. 

.0504 CERTIFICATION REQUIREMENTS: 
EMT-ADVANCED INTERMEDIATE 

(a) To become certified as an EMT-AI a person 
must meet the following criteria: 

( 1 ) be currently certified as an emergency 
medical technician in the State of North 
Carolina; 

(2) be affiliated on a continuous basis with 
an ambulance provider that has been 
issued a permit by the Office of Emer- 
gency Medical Services and functions 
as part of an approved mobile inten s ive 
eare ALS program ; 

0) present evidence that he is of suitable 
character — &ftd — phy s ically — capable — ef 
performing as an EMT AI; 

(43) successfully complete, within one year 



of application, an EMT-AI training 
cour s e educational program approved 
meeting the requirements of the "North 
Carolina EMT-AI Curriculum Outline" 
dated November 1990 incorporated 
herein by reference including subse- 
quent amendments and editions, by the 
Office of Emergency Medical Services, 
following guidelines established by the 
Board of Medical Examiners . If the 
training educational program was com- 
pleted over one year prior to applica- 
tion, a person must submit evidence of 
completion of pertinent refresher train 
tftg continuing education in emergency 
medicine taken in the past year and 
have the training continuing education 
approved by the Office of Emergency 
Medical Services; 

(§4) successfully complete a performance 
evaluation conducted under the direc- 
tion of the medical director of the 
mobile — inten s ive care ALS program 
assessing his ability to perform the 
skills and procedures specified in Rule 
.0406 of this Subchapter: 

(65) be recommended for certification upon 
examination by an oral interview panel 
established by the mobile intensive care 
ALS program in which he is proposing 
to function; 

(76) pass a basic life support practical exam- 
ination approved or administered by the 
Office of Emergency Medical Services; 
and 

(87) pass the EMT-AI written examination 
administered by the Office of Emergen- 
cy Medical Services. 

(b) Persons holding current certification equiva- 
lent to an EMT-AI with the National Registry of 
Emergency Medical Technicians or in another state 
where the training educational and certification 
requirements have been approved for reciprocity 
legal recognition by the Office of Emergency 
Medical Services may become certified by: 

( 1 ) presenting evidence of such certification 
for verification by the Office of Emer- 
gency Medical Services; and 

(2) meeting the criteria specified in Sub- 
paragraphs (a)(1). (a)(2). (a)(3). (a)(S4), 
and (a)(65) of this Rule. 

(c) Certification obtained through reciprocity 
legal recognition shall be valid for twe four years 
or the unexpired term of the certification that was 
used to obtain a certification in this state, whichev- 



I 



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t 



2000 



7:18 



NORTH CAROLINA REGISTER 



December IS, 1992 



PROPOSED RULES 



) 



) 



) 



er is shorter. All certifications shall be valid for 
the period stated on the certificate issued to the 
applicant. This period shall not exceed twe four 
years. Persons must be recertified by presenting 
documentation to the Office of Emergency Medical 
Services that they have successfully completed 
either of the following options: 
OPTION I: 

(1) an ongoing continuing education pro- 
gram under the direction of the medical 
director, approved meeting the require- 
ments of "Guidelines for Continuing 
Education and Performance Evaluation 
of Emergency Medical Services Ad- 
vanced Life Support Personnel" dated 
February 1988 incorporated herein by 
reference including subsequent amend- 
ments and editions; by the Office of 
Emergency Medical Services following 
guidelines approved by the Board of 
Medical Examiners ; 

(2) an ALS performance evaluation con- 
ducted under the direction of the medi- 
cal director meeting the requirements of 
"Guidelines for Continuing Education 
and Performance Evaluation of Emer- 
gency Medical Services Advanced Life 
Support Personnel" dated February 
1988 incorporated herein by reference 
including subsequent amendments and 
editions following guidelines established 
by the Board of Medical Examiners, 
assessing the ability to perform the 
skills specified in Rule .0406 of this 
Subchapter; and 

(3) basic life support practical and EMT-AI 
written examinations administered by 
the Office of Emergency Medical Ser- 
vices; or 

OPTION II: 

(1) the criteria specified in Subparagraph 
(c)(1) and (c)(2) of OPTION I of this 
Rule; 

(2) at least one basic life support skills 
evaluation following guidelines estab- 
lished by the Office of Emergency 
Medical Services and conducted under 
the direction of the medical director 
assessing the ability to perform the 
skills required of an emergency medical 
technician as specified by the North 
Carolina Medical Care Commission 
following guidelines e s tabli s hed by the 
Board of Medical Examiners ; and 

(3) at least one EMT-AI written examina- 



tion following guidelines established by 
the Office of Emergency Medical Ser- 
vices and administered under the direc- 
tion of the medical director in compli- 
ance with the test specifications of the 
state EMT-AI written examination and 
the guidelines e s tabli s hed by the Board 
of Medical Examiner s. 

Statutory Authority G. S. 143-514. 

.0505 CERTIFICATION REQUIREMENTS: 
EMT-DEFIBRILLATION 

(a) To become certified as an EMT-D a person 
must meet the following criteria: 

(1) be currently certified as an emergency 
medical technician in the State of North 
Carolina; 

(2) be affiliated on a continuous basis with 
an ambulance provider that has been 
issued a permit by the Office of Emer- 
gency Medical Services, or an approved 
first responder organization which 
functions as part of an approved mobile 
intensive care ALS program ; 

0) present evidence that he is of suitable 
character — and — physically — capable — ef 
performing a s an EMT D; 

(43) successfully complete, within one year 
of application, an EMT-D training 
cour s e educational program approved 
meeting the requirements of the "North 
Carolina EMT-D Curriculum Outline" 
dated November 1990 incorporated 
herein by reference including subse- 
quent amendments and editions, by the 
Office of Emergency Medical Services, 
following guideline s establi s hed by the 
Board of Medical Examiners . If the 
training educational program was com- 
pleted over one year prior to applica- 
tion, a person must submit evidence of 
completion of pertinent refresher train 
tftg continuing education in emergency 
medicine taken in the past year and 
have the training continuing education 
approved by the Office of Emergency 
Medical Services; 

(§4) successfully complete a performance 
evaluation conducted under the direc- 
tion of the medical director of the 
mobile — inten s ive — eare ALS program 
assessing his ability to perform the 
skills and procedures specified in Rule 
.0407 of this Subchapter; 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



1001 



PROPOSED RULES 



f§) be recommended for certification upon 
examination by an oral interview panel 
established by the mobile intensive core 
program in which he i s proposing to 
function; 

(75) pass a basic life support practical exam- 
ination approved or administered by the 
Office of Emergency Medical Services; 
and 

(86) pass the EMT-D written examination 
administered by the Office of Emergen- 
cy Medical Services. 

(b) Persons holding current certification equiva- 
lent to EMT-D with the National Registry of 
Emergency Medical Technicians or in another state 
where the training educational and certification 
requirements have been approved for reciprocity 
legal recognition by the Office of Emergency 
Medical Services may become certified by: 

( 1 ) presenting evidence of such certification 
for verification by the Office of Emer- 
gency Medical Services; and 

(2) meeting the criteria specified in Sub- 
paragraphs (a)(1). (a)(2). m0h (a) (54), 
and (a)(65) of this Rule. 

(c) Certification obtained through reciprocity 
legal recognition shall be valid for two four years 
or the unexpired term of the certification that was 
used to obtain a certification in this state, whichev- 
er is shorter. All certifications shall be valid for 
the period stated on the certificate issued to the 
applicant. This period shall not exceed two four 
years. Persons must be recertified by presenting 
documentation to the Office of Emergency Medical 
Services that they have successfully completed 
either of the following options: 

OPTION I: 

(1) an ongoing continuing education pro- 
gram under the direction of the medical 
director, approved meeting the require- 
ments of "Guidelines for Continuing 
Education and Performance Evaluation 
of Emergency Medical Services Ad- 
vanced Life Support Personnel" dated 
February 1988 incorporated herein by 
reference including subsequent amend- 
ments and editions; by the Office of 
Emergency Medical Service s following 
guidelines approved by the Board of 
Medical Examiners : 

(2) an ALS performance evaluation con- 
ducted under the direction of the medi- 
cal director meeting the requirements of 
"Guidelines for Continuing Education 
and Performance Evaluation of Emer- 



gency Medical Services Advanced Life 
Support Personnel" dated February 
1988 incorporated herein by reference 
including subsequent amendments and 
editions following guidelines established 
by the Board of Medical Examiners. 
assessing the ability to perform the 
skills specified in Rule . 0407 of this 
Subchapter; and 
(3) basic life support practical and EMT-D 
written examinations administered by 
the Office of Emergency Medical Ser- 
vices; or 
OPTION II: 

(1) the criteria specified in Subparagraph 
(c)(1) and (c)(2) of OPTION I of this 
Rule; 

(2) at least one basic life support skills 
evaluation following guidelines estab- 
lished by the Office of Emergency 
Medical Services and conducted under 
the direction of the medical director 
assessing the ability to perform the 
skills required of an emergency medical 
technician as specified by the North 
Carolina Medical Care Commission 
following guidelines e s tablished by the 
Board of Medical Examiners ; and 

(3) at least one EMT-D written examina- 
tion following guidelines established by 
the Office of Emergency Medical Ser- 
vices and administered under the direc- 
tion of the medical director in compli- 
ance with the test specifications of the 
state EMT-D written examination and 
the guideline s e s tabli s hed by the Board 
of Medical Examiners . 

Statutory Authority-: G.S. 143-514. 

SECTION .0600 - ENFORCEMENT 

.0601 GROUNDS FOR DENTAL. 

SUSPENSION. OR REVOCATION 

(a) The Board of Medical Examiners may deny, 
suspend or revoke the approval of an mobile 
intensive care ALS program or sponsor hospital 
for any of the following reasons: 

( 1 ) failure to comply with the requirements 
as found in Sections .0200 and .0300 of 
this Subchapter: or 

(2) obtaining approval through fraud or 
misrepresentation. 

(b) The Board of Medical Examiners may deny, 
suspend or revoke the certification of an field 



I 



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7:18 



XORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



technician ALS professional or the approval of a 
MICN for any of the following reasons: 

(1) failure to comply with the applicable 
performance and certification and ap- 
proval requirements as found in Rules 
.0402, .0403, .0404, .0406, .0407, 
.0501, .0502, .0503, .0504, and .0505 
of this Subchapter; 

(2) obtaining or attempting to obtain certifi- 
cation^ recertification, ef approval or 
reapproval through fraud or misrepre- 
sentation; 

(3) aiding a person m obtaining or attempt- 
ing to obtain certification, recertifica- 
tion, approval or reapproval through 
fraud or misrepresentation; 

(34) failure to perform a prescribed proce- 
dure, failure to perform a prescribed 
procedure competently or performance 
of a procedure which is not within the 
scope and responsibility of the certifi- 
cate holder; ef 

(45) performance of a procedure which is 
detrimental to the health and safety of a 
patient^ 

(6) any felony conviction; 

Statutory Authority G.S. 143-5 1 4. 

.0602 PROCEDURES FOR DENIAL: 

SUSPENSION OR REVOCATION 

(a) The Board of Medical Examiners may deny, 
suspend or revoke the certification of an field 
technician ALS professional or the approval of a 
MICN, sponsor hospital, or mobile intensive eare 
ALS program in accordance with Article 3A of 
Chapter 150B. 

(b) Notwithstanding Paragraph (a) of this Rule, 
the Board of Medical Examiners may summarily 
suspend the certification of an field technician ALS 
professional , the approval of a MICN, sponsor 
hospital, or mobile inten s ive care ALS program as 
specified in G. S. 150B-3(c). 

Statutory Authority G.S. 143-514. 

SECTION .0700 - EXCEPTIONS 

.0701 CONDITIONS 

Upon application of interested citizens in North 
Carolina, the Board of Medical Examiners is 
authorized to and reserves the right to approve the 
furnishing and providing of mobile inten s ive eare 
ALS program s in North Carolina by persons who 
have been approved to provide these services by 



an agency 
ing North 
where the 
concludes 
Rule .020 

OQ.I ^ ALj 



of a state or federal jurisdiction adjoin- 
Carolina. This approval may be granted 
Board of Medical Examiners finds and 
that the requirements enumerated in 
1 of this Subchapter for mobile inten s ive 



program s cannot be reasonably obtained 
by reason of lack of geographical access. 

Statutory Authority G.S. 143-514. 

SECTION .0800 - FORMS AND 
DOCUMENTS 

.0801 REQUIRED FORMS AND 
DOCUMENTS 

(a) The following forms are required for certifi- 
cation or approval: 

(1) Certification Application Form; 

(2) EMT 1 Verification Form ALS Person- 
nel Verification Form . 

0j EMT AI Verification Form; 

v4) EMT P Verification Form; 

(§) EMT D Verification Form; 

f6-) MICN Verification Form. 

(b) The following documents are required for 
educational and evaluation programs and refer- 
enced in the Rules: 



ill 
£21 

[3i 
(4j 
151 
161 

ill 
181 



'North Carolina EMT-P Curriculum 



Outline" 



'North Carolina EMT-AI Curriculum 



Outline" 



"North Carolina EMT-I Curriculum 
Outline"; 



'North Carolina EMT-D Curriculum 



Outline"; 
"North Carolina 
Outline"; 



MICN Curriculum 



'Guidelines for Continuing Education 



and Performance Evaluation of Emer- 



gency Medical Services Advanced Life 
Support Personnel"; 
"Guidelines for Reapproval of Mobile 
Intensive Care Nurses"; and 
"Guidelines for the Selection and Per- 



formance of the Emergency Medical 
Services Nurse Liaison". 

Statutory Authority G.S. 143-514. 

.0802 SOURCE OF FORMS AND 
DOCUMENTS 

Forms and documents may be secured free of 
charge from the Office of Emergency Medical 
Services. Division of Facility Services, Department 
of Human Resources. JQi — Barbour Drive P.O. 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



2003 



PROPOSED RULES 



Box 29530 , Raleigh, N. C. 37603 27626-0530 , 
(919) 733-2285. 

Statutory Authority G.S. 143-514. 

SECTION .0900 - STUDY PROJECTS 

.0901 CONDITIONS 

(a) Persons proposing to undertake a study 
project shall have a project director who is a 
physician licensed to practice medicine in the State 
of North Carolina and shall submit a written 
proposal to the Office of Emergency Medical 
Services for presentation to the Board of Medical 
Examiners. The proposal must include the follow- 
ing: 

(1) a description of the purpose of the 
project, an explanation of the proposed 
project, the methodology to be used in 
implementing the project, and the geo- 
graphical area to be covered by the 
proposed project; 

(2) a list of the mobile intensive care ALS 
program s, ambulance providers, and 
hospitals participating in the project; 

(3) a signed statement of endorsement from 
the medical director of each participat- 
ing mobile — intensive care ALS pro- 
gram , the chief executive officer of 
each participating hospital, and the 
director of each participating ambulance 
provider; 

(4) a description of the skills to be utilized 
by the field technician s ALS profession- 
als if different from those specified in 
this Subchapter, the provisions for 
training and supervising the personnel 
who are to utilize these skills and the 
names of such personnel; and 

(5) the name and signature of the project 
director attesting to his approval of the 
proposal. 

(b) The hospitals and ambulance providers 
participating in the project must be a part of an 
approved mobile inten s ive care ALS program . 

(c) The time period for the project shall not 
exceed three years. 

{4) Only one project on any given s ubject s hall 
be conducted within the s tate nt any given time. 

(ed) When considering any study project, the 
Board of Medical Examiners may, at its discretion, 
require additional conditions to be met. 

Statutory Authority G.S. 143-514. 



SECTION .1000 - MEDICAL CONTROL 

.1001 MEDICAL CONTROL 
PROCEDURES 

Each mobile inten s ive care ALS program must 
have procedures established to ensure medical 
control over the medical care rendered in the 
mobile intensive eare ALS program . This shall 
include, at a minimum: 

(1) a designated medical director to carry out 
the tasks as specified in Rule .0201 
(2)(a)-(e) of this Subchapter; 

(2) treatment protocols; 

(3) operational protocols for obtaining medi- 
cal direction from the sponsor hospital(s); 
and 

(4) audit and review of the medical care 
rendered in the program. 

Statutory Authority G.S. 143-514. 

.1002 MEDICAL CONTROL FROM 

HOSPITAL OUTSIDE SERVICE 
AREA 

Field technicians ALS professionals transporting 
patients to a facility other than their own sponsor 
hospital may receive orders from the facility to 
perform the skills allowed in Section .0400 of this 
Subchapter provided that: 

( 1 ) the facility is a sponsor hospital; 

(2) the care level of the ALS orders issued is 
consistent with the hospital's approved 
level of sponsorship; 

(3) the patient care protocols used by the 
receiving facility are consistent with 
those of the provider; 

(4) the respective audit and review commit- 
tees establish a mechanism for the rou- 
tine exchange of information; 

(5) the field technician s ALS professionals 
establish and maintain two-way voice 
communications with the receiving facili- 
ty; and 

(6) the Office of Emergency Medical Servic- 
es has received and approved documenta- 
tion from the administrator and medical 
director of each facility specifying how 
Paragraphs (1) through (5) of this Rule 
have been met. 

Statutory Authority G.S. 143-514. 

.1003 MEDICAL CONTROL FOR 
TRANSPORTS BETWEEN 
FACILITIES 



I 



I 



2004 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



Field technicians ALS professionals transporting 
patients between facilities may accept orders from 
sponsor hospitals other than their own sponsor 
hospital provided that: 

(1) the care level of the ALS orders issued is 
consistent with the hospital's approved 
level of sponsorship; 

(2) the patient is transported to the hospital 
issuing the orders; and 

(3) the field technieiana ALS professionals 
establish and maintain two-way voice 
communications with the hospital issuing 
the orders. 

Statutory Authority- G.S. 143-514. 

.1004 AIR AMBULANCE PROGRAM 
CRITERIA 

(a) Air ambulance programs operating under the 
authority of 10 NCAC 3D .04-80 1(b)(4)(B) must 
submit a proposal for program approval to the 
Office of Emergency Medical Services at least 60 
days prior to field implementation. The proposal 
must document that the program has: 

( 1 ) a defined service area; 

(2) a physician medical director responsible 
for: 

(A) the establishment and updating of 
treatment and transfer protocols; 

(B) medical supervision of the selection, 
training education , and performance 
of medical crew members as defined 
in 10 NCAC 3D tO+4-S .1204 ; 

(C) the medical review of patient care; 
and 

(D) medical management of the program. 
Pending formal review, the medical 
director may temporarily suspend 
from the program any medical crew 
member whose actions or medical 
care are determined to be detrimental 
to patient care; 

(3) adequate medical crew members trained 
educated , in accordance with 10 NCAC 
3D .9+4-5 .1204 , to ensure that the 
program will be continuously available 
on a 24 hour-a-day basis; 

(4) an audit and review panel which meets 
at a minimum on a regular quarterly 
basis to: 

(A) review cases and determine the appro- 
priateness of medical care rendered; 

(B) make recommendations to the medical 
director about the continuing educa- 
tion needed by medical crew mem- 



bers; and 
(C) review and revise policies, proce- 
dures, and protocols for the program; 
(5) patient transfer protocols that have been 
reviewed and approved by the Office of 
Emergency Medical Services, 
(b) Air ambulance programs based outside of 
North Carolina may be granted approval by the 
Office of Emergency Medical Services to operate 
in North Carolina under 10 NCAC 3D 
.04-801 (b)(4)(B) by submitting a proposal for 
program approval. The proposal must document 
that the program meets all criteria specified in 
Paragraph .1004(a) of this Rule. 

Statutory Authority G. S. 143-514. 

TITLE 25 - OFFICE OF STATE 
PERSONNEL 

1\ otice is hereby given in accordance with G.S. 
150B-21.2 that the Office of State Personnel 
intends to amend rules cited as 25 NCAC ID 
. 0511; 25 NCA C 11 . 2301 and 25 NCA C U . 0604. 

1 he proposed effective date of this action is April 
1, 1993. 

1 he public hearing will be conducted at 9:00 
a.m. on February 2. 1993 at the State Personnel 
Development Center, 101 W. Peace Street, Ra- 
leigh, N. C. 

IXeason for Proposed Action: 
25 NCAC ID .0511 - This rule is proposed to be 
amended in order to increase the potential of 
successfidly placing employees affected by reduc- 
tion in force who are eligible for priority reem- 
ployment by allowing the employing agencies to 
require a new probationary period in specified 
instances. 

25 NCAC II .2301 - Tins rule is proposed to he 
amended to establish guidelines for implementing 
the State Personnel Commission 's rules on disci- 
pline and dismissal for cause. 
25 NCAC 1J .0604 - This rule is proposed to be 
amended to establish guidelines for implementing 
the State Personnel Commission 's rules on disci- 
pline and dismissal for cause. 

(comment Procedures: Interested persons may 
present statements either orally or in writing at the 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



2005 



aamnnBaaa 



PROPOSED RULES 



Public Hearing or in writing prior to the hearing 
by mail addressed to: Barbara A. Coward, Office 
of State Personnel, 116 W. Jones Street, Raleigh, 
N. C. 27603.. 

CHAPTER 1 - OFFICE OF STATE 
PERSONNEL 

SUBCHAPTER ID - COMPENSATION 

SECTION .0500 - SEPARATION 

.0511 REDUCTION IN FORCE 

PRIORITY CONSIDERATION 

Upon notification of imminent separation through 
reduction in force, an employee shall receive 
priority reemployment consideration for a period 
of 12 months pursuant to G.S. 126-7. 1 (cl ) . The 
following conditions apply: 

(1) Within the agency or institution where 
the notification of separation occurred 
(parent agency), an employee scheduled 
to be separated through reduction in force 
shall be offered any available vacant 
position of a salary grade level equal or 
below that held at the time of notifica- 
tion, provided the employee meets the 
qualifications for the position and could 
perform the job in a reasonable length of 
time, including normal orientation and 
training given any new employee. 

(2) Within all other state agencies and insti- 
tutions, an employee with priority status 
and qualified for the vacant position, 
shall be interviewed and offered the 
position prior to employing anyone who 
is not a permanent state employee. 

(3) For employees receiving notification of 
separation from trainee or flat-rate posi- 
tions, who are eligible for priority reem- 
ployment consideration, the salary grade 
for which priority is to be afforded shall 
be determined as follows. For employees 
in flat rate positions, the salary grade 
level shall be the salary grade which has 
as its mid-point, a rate nearest the flat 
rate salary of the eligible employee. For 
employees in trainee status the salary 
grade level shall be the salary grade of 
the full class. 

(4) An employee notified of imminent sepa- 
ration through reduction-in-force while 
actively possessing priority reemployment 
consideration shall retain the initial prior- 
ity for the remainder of the twelve month 



(5) 



(6) 



(7) 



(8) 



(9) 



(10) 



priority period. A new priority period 
shall then be afforded at the salary grade 
and status of the position held at the most 
recent notification of separation. The 
length of this additional priority period 
shall be equal to the time between the 
expiration dates of the old and the new 
priority, assuming that the second twelve 
month period started on the date of the 
most recent notification. 
Priority reemployment consideration will 
not be afforded to an employee who, 
after receiving formal notice of impend- 
ing reduction-in-force, retires or applies 
for retirement prior to the separation 
date. An employee who applies for 
retirement after being separated through 
reduction-in-force may exercise priority 
reemployment consideration. 
Priority reemployment consideration is 
intended to provide employment at an 
equal employment status to that held at 
the time of notification. Acceptance of a 
position at a lower appointment status 
will not affect priority. Employees noti- 
fied of separation from permanent 
full-time positions shall have priority to 
permanent full-time and permanent 
part-time positions. Employees notified 
of separation from permanent part-time 
positions shall have priority to permanent 
part-time positions only. 
Employees who have priority reemploy- 
ment status at the time of application for 
a vacant position, and who apply during 
the designated agency recruitment period, 
will be continued as priority applicants 
until the selection process is complete. 
An employee with priority status, may 
not decline interviews or offers for posi- 
tions within 35 miles of the employee's 
original work station without losing his 
priority, if the position is at an appoint- 
ment status and salary grade equal to or 
greater than that held at the time of noti- 
fication. 

An employee with priority status may 
accept a temporary position at any level 
and retain his/her priority consideration. 
When priority has been granted for a 
lower salary grade than held at the time 
of notification, the employee retains 
priority for higher salary grades between 
that of his current position and that held 
at the time of his notification of separa- 



I 



# 



2006 



7:18 



XORTH CAROLINA REGISTER 



December 15, 1992 



PROPOSED RULES 



> 



> 



) 



tion. 

(11) An employee with priority reemployment 
consideration may accept employment 
outside state government or in a state 
position not subject to the State Personnel 
Act and retain such consideration through 
the twelve months priority period. 

(12) Priority reemployment consideration is 
terminated when an eligible employee: 

(a) refuses an interview or offer for a 
position within 35 miles of the 
employee's original work station if the 
position is at an appointment status and 
salary grade equal to or greater than 
that held at the time notification; 

(b) accepts a position equal to or greater 
than the salary grade level and employ- 
ment status of the position held at the 
time of notification; or 

(c) has received 12 months priority reem- 
ployment consideration. 

(13) Priority reemployment consideration for 
employees notified of or separated 
through reduction-in-force does not in- 
clude priority to any 
policy-making/confidential exempt posi- 
tion. 

(14) When an employee with priority status 
accepts a position at a lower salary grade 
and is subsequently terminated by disci- 
plinary action, any remaining priority 
consideration ceases. 

(15) An employee with priority status may be 
required to serve a new probationary 
period when the essential duties and 
responsibilities of the position into which 
he/she js being reemployed are signifi- 
cantly different from those of the position 
held at the time of reduction in force 
notification, and/or when the prior, docu- 
mented performance history of the em- 
ployee indicates performance or conduct 
difficulties which would make a proba- 
tionary period a prudent protection of 
agency interests. A decision by an agen- 
cy to require a new probationary period 
shall not, however, nullify the 
employee's right to another future period 
of priority reemployment status, should 
that employee receive reduction in force 
notification again while serving in proba- 
tionary status. 

Statutory Authority G.S. 126-4(6). (10). 



SUBCHAPTER II - SERVICE TO 
LOCAL GOVERNMENT 

SECTION .2300 - DISCIPLINARY ACTION: 
SUSPENSION, DISMISSAL AND APPEALS 

.2301 CAUSES 

(a) Any employee, regardless of occupation, 
position or profession may be warned, demoted, 
suspended or dismissed by the appointing authori- 
ty. Such actions may be taken against permanent 
employees as defined at G.S. 126-39, only for just 
cause. The degree and type of action taken shall 
be based upon the sound and considered judgment 
of the appointment appointing authority in accor- 
dance with the provisions of this policy Rule . 

(b) The basis for any disciplinary action taken 
in accordance with thi s policy fall s into one of the 
two following categories There are two bases for 
the discipline and/or dismissal of employees under 
the statutory standard of "just cause" as set out in 
G.S. 126-35. These two bases are : 

(1) Discipline or dismissal imposed on the 
basis of unacceptable job performance; 

(2) Discipline or dismissal imposed on the 
basis of personal conduct. 

(c) The term "unacceptable job performance" 
means the failure to adequately perform job re- 
quirements as specified in the job description, 
work plan, or as directed by management of the 
work unit or agency. Adequate performance |s 
that performance which is reasonable under all the 
circumstances. Determination of adequacy of 
performance shall be made by the supervisor; there 
is a presumption that the determination is proper 
and factually supported. 

(d) The term "unacceptable personal conduct" is 
defined as: 

( I ) conduct for which no reasonable person 
should expect to receive prior warn- 
in gs; 

conduct which constitutes a violation of 
state or federal laws; 
the willful violation of known or writ- 



£2) 



[3] the 



ten work rules; or 
(4) conduct unbecoming an employee. 

(e) Either unacceptable job performance or 
unacceptable personal conduct constitutes just 
cause for discipline or dismissal. The categories 
are not mutually exclusive, as certain actions by 
employees may fall into both categories, depending 
upon the facts of each case. 

Note: The Job Performance category is intended 
to be used in addressing performance-related 
inadequacies for which a reasonable person would 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



2007 



PROPOSED RULES 



expect to be notified of and allowed an opportunity 
to improve. Personal Conduct discipline is intend- 
ed to be imposed for those actions for which no 
reasonable person could, or should, expect to 
receive prior warnings. 

Statutory Authority G.S. 126-35. 

SUBCHAPTER 1J - EMPLOYEE 
RELATIONS 

SECTION .0600 - DISCIPLINARY ACTION: 
SUSPENSION AND DISMISSAL 



unacceptable personal conduct constitutes just 
cause for discipline or dismissal. The categories 
are not mutually exclusive, as certain actions by 
employees may fall into both categories, depending 
upon the facts of each case. 

Note: The Job Performance category is intended 
to be used in addressing performance-related 
inadequacies for which a reasonable person would 
expect to be notified of and allowed an opportunity 
to improve. Personal Conduct discipline is intend- 
ed to be imposed for those actions for which no 
reasonable person could, or should, expect to 
receive prior warnings. 



I 



.0604 CAUSES 

(a) Any employee, regardless of occupation, 
position or profession may be warned, demoted, 
suspended or dismissed by the appointing authori- 
ty. Such actions may be taken against permanent 
employees as defined at G.S. 126-39. only for just 
cause. The degree and type of action taken shall 
be based upon the sound and considered judgment 
of the appointment appointing authority in accor- 
dance with the provisions of this policy Rule . 

(b) The ba s i s for any disciplinary action taken in 
accordance with this policy falls into one of the 
two following categories There are two bases for 
the discipline and, or dismissal of employees under 
the statutory' standard of "just cause" as set out in 
G.S. 126-35. These two bases are : 

1 1 ) Discipline or dismissal imposed on the 
basis of unacceptable job performance: 

(2) Discipline or dismissal imposed on the 
basis of personal conduct. 

(c) The term "unacceptable job performance" 
means the failure to adequately perform job re- 
quirements as specified in the job description, 
work plan, or as directed by management of the 
work unit or agency. Adequate performance is 
that performance which is reasonable under all the 
circumstances. Determination of adequacy of 
performance shall be made by the supervisor: there 
is a presumption that the determination is proper 
and factually supported. 

(d) The term "unacceptable personal conduct" is 
defined as: 

( 1 ) conduct for which no reasonable person 
should expect to receive prior warn- 
ings: 

conduct which constitutes a violation of 
state or federal laws: 
the willful violation of known or writ- 



Statutory Authority G.S. 126-35. 



m 

Hi 

ten work rules: or 
(4) conduct unbecoming a state employee. 
(e) Either unacceptable job performance or 



I 



2008 



7:18 



XORTH CAROLINA REGISTER 



December 15. 1992 



RRC OBJECTIONS 



1 he Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 
143B-30.2(c). State agencies are required to respond to RRC as provided in G.S. 143B-30.2(d). 



ADMINISTRATION 



Motor Fleet Management Division 

/ NCAC 38 .0205 - Accident Reporting 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



09/1 7/92 
10/15/92 



AGRICULTURE 

Structural Pest Control Division 

2 NCAC 34 .0406 - Spill Control 

Agency Responded 

Agency Revised Rule 
2 NCAC 34 .0603 - Waivers 

Agency Responded 

Agency Revised Rule 
2 NCAC 34 .0902 - Financial Responsibility 

Agency Responded 

Agency Revised Rule 

ECONOMIC AND COMMUNITY DEVELOPMENT 



RRC Objection 
No Action 
Obj. Removed 
RRC Objection 
No Action 
Obj. Removed 
RRC Objection 
No Action 
Obj. Removed 



07/16/92 
08/20/92 
10/15/92 
07/16/92 
08/20/92 
10/15/92 
07/16/92 
08/20/92 
10/15/92 



Banking Commission 

4 NCAC 3E .0201 - Operation of other Business in same Office 
Agency Revised Rule 

Community Assistance 



RRC Objection 
Obj. Removed 



11/19/92 
11/19/92 



4 NCAC 19S .0101 - Overview and Purpose 
Agency Revised Rule 

4 NCAC 19S .0102 - Definition 
Agency Revised Rule 

4 NCAC 19S .0103 - Waiver 
Agency Revised Rule 

4 NCAC 19S .0202 - Prohibited Costs- 
Agency Revised Rule 

4 NCAC 19S .0401 - Distribution of Funds 
Agency Revised Rule 

4 NCAC 19S .1101 - Grant Agreement 
Agency Revised Rule 



Departmental Rules 

4 NCAC IK .0103 
4 NCAC IK .0204 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 
10/15/92 



Eligible Applicants 

Discretionary Public Hearing b\ the Department 



RRC Objection 11/19/92 
RRC Objection 11/19/92 



7:18 



NORTH CAROLINA REGISTER 

■HBBBUE 



December 15, 1992 



M*t*t*UJAJ*. 



2009 



RRC OBJECTIONS 



4 NCAC IK .0205 - Formal Application Procedures: Approval 
4 NCAC IK .0206 - Formal Application Procedures: Denial 
4 NCAC IK .0207 - Reimbursement of Extraordinary Expense 
4 NCAC IK .0302 - Criteria for Making Necessary Findings 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management 

15 A NCAC 7H .0308 - Specific Use Standards for Ocean Hazard Areas 

Departmental Rules 

15 A NCAC J J .0204 - Loans from Emergency Revolving Loan Accounts 

15A NCAC U .0302 - General Provisions 

15A NCAC 1J .0701 - Public Necessity: Health: Safety and Welfare 

Environmental Management 

15 A NCAC 2B .0216 - Outstanding Resource Waters 

Agency Revised Rule 
15A NCAC 2H .0801 - Purpose 

Agency Revised Rule 
15A NCAC 2H .0803 - Definitions 

Agency Revised Rule 
15A NCAC 2H .0805 - Certification and Renewal of Certification 

Agency Revised Rule 

Rule Returned to Agency 
15A NCAC 2L .0107 - Compliance Boundary 

Agency Revised Rule 
15A NCAC 20 .0302 - Self Insurance 

Wildlife Resources and Water Safety 

15A NCAC 101 .0001 - Definitions 
Agency Responded 

HUMAN RESOURCES 

Facility Services 

10 NCAC 3R .3001 - Certificate of Need Review Categories 
Agency Revised Rule 



RR C Objection 1 1 II 9/92 

RRC Objection 11/19/92 

RR C Objection 11/1 9/92 

RRC Objection 11/19/92 



RR C Objection 1 1 II 9/92 



RRC Objection 06/18/92 
RRC Objection 06/18/92 
RRC Objection 06/18/92 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 

RRC Objection 
Obj. Removed 
RRC Objection 



11/19/92 
11/19/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
11/19/92 
10/15/92 
10/15/92 
06/18/92 



RRC Objection 10/15/92 
No Action 11/19/92 



I 



RRC Objection 10/15/92 
Obj. Removed 10/15/92 



Individual and Family Support 

10 NCAC 42C .3601 - Administrative Penalty Determination Process 

Agency Revised Rule 
10 NCA C 42T . 0001 - Definitions 

Agency Revised Rule 
10 NCAC 42T .0006 - Service Delivery 

Agency Revised Rule 

Agency Revised Rule 

Mental Health: General 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 



10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
11/19/92 



I 



2010 



7: IS 



NORTH CAROLINA REGISTER 



December 15, 1992 



RRC OBJECTIONS 



10 NCAC 14C .1115 - Funding Group Homes for Mentally Retarded Adults 

Agency Revised Rule 
10 NCAC 14K .0216 - Waiver of Licensure Rules 

Agency Revised Rule 
10 NCAC 14T .0101 - Scope 

Agency Revised Rule 
10 NCAC 14T .0103 - Advance Care Directives 

Agency Revised Rule 



RRC Objection 


08/20/92 


Obj. Removed 


10/15/92 


RRC Objection 


10/15/92 


Obj. Removed 


10/15/92 


RRC Objection 


10/15/92 


Obj. Removed 


10/15/92 


RRC Objection 


10/15/92 


Obj. Removed 


10/15/92 



Mental Health: Other Programs 



10 NCAC 18A .0125 - Definitions 

Agency Revised Rule 
10 NCAC 18A .0132 - Decertification 

Agency Revised Rule 
10 NCAC 18D .0117 - Purpose and Scope 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



11/19/92 
11/19/92 
11/19/92 
11/19/92 
10/15/92 
10/15/92 



INDEPENDENT AGENCIES 



N.C. Housing Finance Agency 



24 NCAC 1M .0202 - Eligibility 

No Response from Agency 
24 NCAC 1M .0204 - Selection Procedures 

No Response from Agency 
24 NCAC 1M .0205 - Administration 

No Response from Agency 
24 NCAC 1M .0206 - Program Fees 

No Response from Agency 
24 NCAC 1M .0301 - Goal and Objectives 

No Response from Agency 
24 NCAC 1M .0302 - Eligibility Requirements 

No Response from Agency 
24 NCAC 1M .0303 - Wireshold Review Criteria 

No Response from Agency 
24 NCAC 1M .0306 - Funding Commitment 

No Response from Agency 
24 NCAC 1M .0401 - Goals and Objectives 

No Response from Agency 
24 NCAC 1M .0402 - Eligibility Requirements 

No Response from Agency 
24 NCAC 1M .0403 - Tlireshold Review Criteria 

No Response from Agency 
24 NCAC 1M .0404 - Ranking Criteria 

No Response from Agency 
24 NCAC 1M .0405 - Agency Board Approval 

No Response from Agency 
24 NCAC lO .0101 - Purpose 

Agency Revised Rule 
24 NCAC lO .0102 - Eligibility 

Agency Revised Rule 
24 NCAC lO .0201 - Application Procedures 

Agency Revised Rule 
24 NCAC lO .0202 - Selection Procedures 



RRC Objection 
No Action 
RRC Objection 
No Action 
RRC Objection 
No Action 
RRC Objection 
No Action 
RRC Objection 
No Action 
RRC Objection 
No Action 
RRC Objection 
No Action 
RRC Objection 
No Action 
RRC Objection 
No Action 
RRC Objection 
No Action 
RRC Objection 
No Action 
RRC Objection 
No Action 
RRC Objection 
No Action 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 



10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 
11/19/92 
10/15/92 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



WHtnaii 



2011 



RRC OBJECTIONS 



Agency Revised Rule 
24 NCAC 10 .0203 - Administration 
Agency Revised Rule 

INSURANCE 

Financial Evaluation Division 

11 NCAC 11 A .0602 - Licensure 
Agency Revised Rule 

Multiple Employer Welfare Arrangements 

11 NCAC 18 .0019 - Description of Forms 
Seniors' Health Insurance Information Program 

11 NCAC 17 .0005 - SHIIP Inquiries to Insurers and Agents 
JUSTICE 
General Statutes Commission 

12 NCAC 8 .0506 - Declaratory Rulings 

Agency Revised Rule 

LABOR 

Occupational Safety and Health Act 

13 NCAC 7 C .0108 - Building Code 

Rule Returned to Agency 
Agency Filed Rule with OAH 
13 NCAC 7 C .0109 - Fire Prevention Code 
Rule Returned to Agency 
Agency Filed Rule with OAH 

LICENSING BOARDS AND COMMISSIONS 

Architecture 

21 NCAC 2 .0108- Fees 
Agency Revised Rule 

Cosmetic Art Examiners 

21 NCAC ML .0301 - Applicants Licensed as Teachers in Other States 
21 NCAC 14L .0302 - Requirements for Obtaining a Teacher's License 

Dietetics/Nutrition 

21 NCAC 17 .0016 - Violations, Complaints, Subsqnt Board Action, & Hearings 
Agency Revised Rule 

Professional Engineers and Land Surveyors 



Obj. Removed 
RRC Objection 
Obj. Removed 



11/19/92 
10/15/92 
11/19/92 



RRC Objection 
RRC Objection 



11/19/92 
11/19/92 



RRC Objection 06/18/92 



RRC Objection 06/18/92 



RRC Objection 
Obj. Removed 



10/15/92 
11/19/92 



RRC Objection 

Effi 
RRC Objection 

Eff. 



09/1 7/92 
10/15/92 
10/22/92 
09/17/92 
10/15/92 
10/22/92 



RRC Objection 
Obj. Removed 



RRC Objection 
RRC Objection 



RRC Objection 
Obj. Removed 



11/19/92 
11/19/92 



11/19/92 
11/19/92 



11/19/92 
11/19/92 



♦ 



I 



t 



2012 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



RRC OBJECTIONS 



21 NCAC 56 .0501 - Requirement for Licensing 

Agency Revised Rule 
21 NCAC 56 .0502 - Application Procedure: Individual 

Agency Revised Rule 
21 NCAC 56 .0701 - Rules of Professional Conduct 

Agency Revised Rule 
21 NCAC 56 .1603 - Classification of Surveys 

Agency Revised Rule 
21 NCAC 56 . 1604 - Mapping Requirements 

Agency Revised Rule 
21 NCAC 56 . 1605 - Classification of Topographic Surveys 

Agency Revised Rule 

PUBLIC EDUCATION 

Elementary and Secondary Education 

16 NCAC 6C .0206 - Consortium-Based Programs 
Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 
10/15/92 



RRC Objection 
Obj. Removed 



11/19/92 
11/19/92 



REVENUE 

Individual Income, Inheritance and Gift Tax Division 

17 NCAC 3B .0401 - Penalties 
17 NCAC 3B .0402 - Interest 



RRC Objection 08/20/92 
RRC Objection 08/20/92 



Individual Income Tax Division 



17 NCAC 6B .0107 - Extensions 

17 NCAC 6B .0115 - Additions to Federal Taxable Income 

17 NCAC 6B .01 16 - Deductions from Federal Taxable Income 

1 7 NCA C 6B .0117 - Transitional Adjustments 

17 NCAC 6B .3406 - Refunds 

TRANSPORTATION 

Division of Highways 

19A NCAC 2B .0164- Use of Right of Way Consultants 
Agency Revised Rule 

19A NCAC 2B .0165 - Asbestos Contracts with Private Firms- 
Agency Revised Rule 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 



08/20/92 
08/20/92 
08/20/92 
08/20/92 
08/20/92 



RR C Objection 09/1 7/92 

Obj. Removed 10/15/92 

RRC Objection 08/20/92 

Obj. Removed 10/15/92 



7:18 



NORTH CAROLINA REGISTER 



December IS. 1992 



2013 



RULES INVALIDATED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which 
invalidate a rule in the North Carolina Administrative Code. 



I 



1 NCAC 5A .0010 - ADMINISTRATIVE PROCEDURES 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared two portions 
of Rule 1 NCAC 5A .0010 void as applied in Staujfer Information Systems, Petitioner v. The North Carolina 
Department of Community Colleges and Tlie North Carolina Department of Administration, Respondent and 
The University of Southern California, Intervenor-Respondent (92 DOA 0666). 

15A NCAC 19A .0202(d) (10) - CONTROL MEASURES - fflV 

Brenda B. Becton. Administrative Law Judge with the Office of Administrative Hearings, declared Rule 15A 
NCAC 19A .0202(d)( 10) void as applied in ACT-UP TRIANGLE (AIDS Coalition to Unleash Power Triangle). 
Steven Harris, and John Doe, Petitioners v. Commission for Health Services of the State of North Carolina. 
Ron Levine. as Assistant Secretary of Health and State Health Director for the Department of Environment . 
Health, and Natural Resources of the State of North Carolina. William Cobey. as Secretary of the Department 
of Environment . Health, and Natural Resources of the State of North Carolina, Dr. Rebecca Meriwether, as 
Chief, Communicable Disease Control Section of the North Carolina Department of Environment, Health, and 
Natural Resources, Wayne Bobbin Jr. . as Chief of the HIV/STD Control Branch of the North Carolina 
Department of Environment, Health, and Natural Resources. Respondents (91 EHR 0818). 



# 



♦ 



2014 7:18 NORTH CAROLINA REGISTER December 15, 1992 



CONTESTED CASE DECISIONS 



) 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions 
along with an index to all recent contested cases decisions which are filed under North Carolina 's 
Administrative Procedure Act. Copies of the decisions listed in the index and not published are available 
upon request for a mininu.il charge by contacting the Office of Administrative Hearings, (919) 733-2698. 



KEY TO CASE CODES 



) 



ABC Alcoholic Beverage Control Commission DST 

BDA Board of Dental Examiners EDC 

BME Board of Medical Examiners EHR 

BMS Board of Mortuary Science 

BOG Board of Geologists ESC 

BON Board of Nursing HAF 

BOO Board of Opticians HRC 

CFA Commission for Auctioneers IND 

COM Department of Economic and Community INS 

Development LBC 

CPS Department of Crime Control and Public Safety MLK 

CSE Child Support Enforcement NHA 

DAG Department of Agriculture OAH 

DCC Department of Community Colleges OSP 

DCR Department of Cultural Resources PHC 

DCS Distribution Child Support 

DHR Department of Human Resources POD 

DOA Department of Administration SOS 

DOJ Department of Justice SPA 

DOL Department of Labor 

DSA Department of State Auditor WRC 



Department of State Treasurer 
Department of Public Instruction 
Department of Environment, Health, and 
Natural Resources 
Employment Security Commission 
Hearing Aid Dealers and Fitters Board 
Human Relations Committee 
Independent Agencies 
Department of Insurance 
Licensing Board for Contractors 
Milk Commission 

Board of Nursing Home Administrators 
Office of Administrative Hearings 
Office of State Personnel 
Board of Plumbing and Heating 
Contractors 

Board of Podiatry Examiners 
Department of Secretary of State 
Board of Examiners of Speech and Language 
Pathologists and Audiologists 
Wildlife Resources Commission 



) 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Harold Keith & Associates 

v. 

NRC, Division of Environmental Management 


89 NRC 0493 


Gray 


11/24/92 


Anne R. Gwaltney, Milton H. Askew, Jr. 

and Anna L. Askew 

v. 

EHR and Pamlico County Health Department 


89 DHR 0699 


Reilly 


07/17/92 


Eleanor R. Edgerton-Taylor 

v. 

Cumberland County Department of Social Services 


89 OSP 1141 


Morrison 


08/18/92 


Annette Carlton 

v. 

Cleveland County Department of Social Services 


90 OSP 0024 


Chess 


08/14/92 



7:18 



NORTH CAROLINA REGISTER 

HHHB 



December 15, 1992 



2015 



imrif4i**iiA 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Janice Parker Haughton 

v. 

Halifax County Mental Health, Mental Retardation, 

Substance Abuse Program 


90 OSP 0221 


West 


08/18/92 


Sarah P. Wilder 

v. 

N.C. State University 


90 OSP 0268 


Reilly 


11/03/92 


Carolina Water Service. Inc. 

v. 

EHR, Division of Environmental Management 


90 EHR 0415 


West 


09/11/92 


CSX Transportation. Inc. 

v. 

Department of Environment. Health, & Natural Resources 


90 EHR 0628 


Reilly 


07/17/92 


Bruce Keeter 

v. 
Beaufort County Health Department 


90 EHR 0666 


Morgan 


07/28/92 


R. Anthony White 

v. 

Department of Human Resources 


90 CSE 0756 


Morgan 


10/05/92 


Christine Hill 

v. 

Crime Victims Compensation Commission 


90 CPS 0876 


Morgan 


08/24/92 


Tommy D. Hunt 

v. 

Department of Correction 


90 OSP 1011 


Morgan 


10/05/92 


Cherokee Resources, Inc. 

v. 

EHR, Division of Environmental Management 


90 EHR 1075 


West 


10/19/92 


Leslie W. Hall 

v. 

EHR, Division of Marine Fisheries 


90 EHR 1397 


Gray 


10/13/92 


JHY Concord, Inc. 

v. 
Department of Labor 


90 DOL 1421 


Morgan 


07/28/92 


Lick Fork Hills, Inc., Marion Bagwell, President 

v. 

Department of Environment, Health, & Natural Resources 


91 EHR 0023 


Morgan 


07/28/92 


Albert J. Johnson 

v. 

N.C. Victims Compensation Commission 


91 CPS 0038 


Morgan 


07/28/92 


Frank Beal. T/A Wild Wild West 

v. 

Alcoholic Beverage Control Commission 


91 ABC 0164 


Morgan 


09/10/92 



2016 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


William B. Holden 

v. 

Department of Environment, Health, & Natural Resources 


91 EHR 0176 


Morgan 


08/18/92 


Brenda P. Price 

v. 

North Carolina Central University 


91 OSP 0219 


Morrison 


08/21/92 


Century Care of Laurinburg. Inc. 

v. 

DHR, Division of Facility Services, Licensure Section 


91 DHR 0257 


West 


06/30/92 


Kenneth E. Fletcher 

v. 

University of North Carolina at Greensboro 


91 OSP 0315 


Chess 


09/15/92 


Richard L. Gainey 

v. 
Department of Justice 


91 OSP 0341 


Becton 


08/10/92 


Wade Charles Brown, Jr. 

v. 

N.C. Crime Victims Compensation Commission 


91 CPS 0345 


Chess 


07/08/92 


Jackie Bruce Edwards 

v. 

DHR, Western Carolina Center 


91 OSP 0354 


West 


08/20/92 


Central Transport. Inc. 

v. 

Department of Environment, Health, & Natural Resources 


91 EHR 0402 


Morrison 


09/25/92 


Robert C. Howell 

v. 

Department of Correction 


91 OSP 0407 


Morgan 


08/26/92 


Harvey Fertilizer and Gas Company 

v. 

EHR, Division of Environmental Management 


91 EHR 0446 


Morgan 


10/01/92 


Charles E. Roe 

v. 
Department of Environment, Health, & Natural Resources 


91 OSP 0520 


Nesnow 


07/23/92 


Jerry J. Parker 

v. 

Department of Correction 


91 OSP 0546 


Morgan 


08/26/92 


Deborah Binkley 

v. 

Crime Victims Compensation Commission 


91 CPS 0561 


Morgan 


10/02/92 


Air-A-Plane Corporation 

v. 

Department of Environment. Health, & Natural Resources 


91 EHR 0636 


Nesnow 


09/04/92 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 2017 



mmiwwn 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Lisa M. Reichstein 

v. 
Office of Student Financial Aid, East Carolina University 


91 OSP 0662 


Nesnow 


06/24/92 


Hudson's "The Acres" Rest Home 

v. 

DHR, Division of Facility Services, Licensure Section 


91 DHR 0665 


Chess 


09/09/92 


Bobby R. Graham 

v. 

DHR, Caswell Center 


91 OSP 0695 


Nesnow 


09/21/92 


DHR, Division of Facility Svcs, Child Day Care Section 

v. 
Mary Goodwin, Jean Dodd, D/'B/A Capital City Day Care 

Center 


91 DHR 0720 


Morgan 


07/30/92 


Kenneth Helms 

v. 

Department of Human Resources 


91 OSP 0729 


Chess 


07/15/92 


Lloyd C. Neely 

v. 

Department of Correction 


91 OSP 0756 


Morgan 


09/10/92 


Alcoholic Beverage Control Commission 

v. 

Daniels Investments, Inc., t/a Leather & Lace - East 

4205 Monroe Road, Charlotte, N.C. 28205 


91 ABC 0799 


Mann 


07/14/92 


Zelma Babson 

v. 

Brunswick County Health Department 


91 OSP 0804 


Gray 


08/14/92 


ACT-UP Triangle (AIDS Coalition to Unleash Power 

Triangle, Steven Harris, and John Doe 

v. 

Commission for Health Services of the State of N.C, Ron 

Levine, as Assistant Secretary of Health and State Health 

Director for EHR of the State of N.C, William Cobey, as 

Secretary of EHR of the State of N.C, Dr. Rebecca 

Meriwether, as Chief, Communicable Disease Control 

Section of the N.C. EHR, Wayne Bobbin, Jr., as Chief of 

the HIV/STD Control Branch of the N.C. EHR 


91 EHR 0818 


Becton 


07/08/92 


Jane C. O'Malley, Melvin L. Cartwright 
v. 
EHR and District Health Department Pasquotank- 
Perquimans-Camden-Chowan 


91 EHR 0838 


Becton 


07/02/92 


Geraldine Sims 

v. 

N.C. Agricultural and Technical State University 


91 OSP 0859 


Chess 


10/29/92 



2018 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Cheryl Veronica McNeal 

v. 

Criminal Justice Education & Training Stds Comm 


91 DOJ 0861 


Morgan 


09/22/92 


Thomas E. Vass 

v. 

James E. Long, Department of Insurance 


91 INS 0876 


Morrison 


08/14/92 


Coastal Ready Mix Concrete, et. al. 

v. 

EHR, Division of Coastal Management 


91 EHR 0889 


Chess 


10/12/92 


William Paul Fearrington 

v. 

University of North Carolina at Chapel Hill 


91 OSP 0905 


Reilly 


08/28/92 


Olde Towne Partnership and Tryon Realty Co. 

v. 

EHR, Division of Coastal Management 


91 EHR 0909 


Morrison 


09/16/92 


Gerald R. Pruitt 

v. 

Department of Correction 


91 OSP 0933 


Gray 


09/14/92 


Jones Grading & Fencing. Inc. 

v. 
EHR, Solid Waste Management 


91 EHR 0956 
91 EHR 0324 


Nesnow 


09/28/92 


Grotgen Nursing Home. Inc., Britthaven, Inc. 

v. 

Certificate of Need Section. Div of Facility Svcs, DHR 


91 DHR 0964 
91 DHR 0966 


Nesnow 


07/06/92 


Ralph E. Brown 

v. 

Carla O'Konek, Department of Correction 


91 OSP 0970 


Morgan 


10/07/92 


Anthony J. Carter 

v. 

DHR, Division of Social Services, CSE 


91 CSE 0975 


Nesnow 


09/17/92 


Ramona S. Smith, R.N. 

v. 

N.C. Teachers'/St Emps' Comp Major Medical Plan 


91 DST 0984 


Chess 


06/18/92 


Jarrett Dennis Swearengin 

v. 

DHR, Division of Social Services, CSE 


91 CSE 0986 


Becton 


09/14/92 


Charles H. Yates, Power of Attorney for Ruth Yates 

v. 
N.C. Teachers'/St Emps' Comp Major Medical Plan 


91 INS 1008 


Reilly 


08/21/92 


John McMillan 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1009 


Reilly 


10/01/92 



7:18 



NORTH CAROLINA REGISTER 



December IS, 1992 2019 

innriumn 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Walter McGlone 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1030 


Morrison 


07/13/92 


William Oscar Smith 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1042 


Gray 


07/24/92 


William Watson 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1047 


Becton 


07/08/92 


Robert D. Daniels Jr. 

v. 

DHR, Division of Social Services. CSE 


91 CSE 1048 


Morrison 


08/27/92 


Joseph L. Wilmer 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1049 


Becton 


10/20/92 


Marie McNeill-Pridgen 

v. 

Department of Environment, Health, & Natural Resources 


91 EHR 1059 


Nesnow 


07/17/92 


Catawba Memorial Hospital 

v. 

DHR, Div of Facility Svcs. Certificate of Need Section 

and 
Frye Regional Medical Ctr, Inc. and Amireit (Frye), Inc. 

and 

Thorns Rehabilitation Hospital Health Services Corp. 

and 

Frye Regional Medical Ctr, Inc. and Amireit (Frye), Inc. 

v. 
DHR, Div of Facility Svcs, Certificate of Need Section 

and 

Thorns Rehabilitation Hospital Health Services Corp. 

and 

Catawba Memorial Hospital 


91 DHR 1061 
91 DHR 1087 


Reilly 


07/13/92 


Edward R. Peele 

v. 

Sheriffs' Education & Training Stds. Commission 


91 DOJ 1092 


Morrison 


08/18/92 


Willie Turner 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1096 


Morrison 


10/23/92 


Charles Lawton Roberts 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1097 


Becton 


09/14/92 


William Torres 

v. 

Dept of Justice, Lacy H. Thornburg, Attorney General 


91 DOJ 1098 


Morrison 


08/07/92 



1020 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Wade A. Burgess 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1114 


Gray 


07/01/92 


Devoux A. Olliver 

v. 

Department of Human Resources, O'Berry Center 


91 OSP 1151 


Gray 


09/30/92 


Sammie L. Anderson 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1155 


Mann 


09/01/92 


Harry L. King 

v. 

Department of Transportation 


91 OSP 1162 


Morgan 


07/13/92 


Bobby M. Siler 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1169 


Morrison 


10/12/92 


Gilbert Lockhart 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1178 


Morrison 


07/30/92 


Isaac H. Galloway 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1190 


Reilly 


06/30/92 


Russell A. Barclift 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1207 

92 CSE 0275 


Reilly 


06/30/92 


Barnabas D. Frederick 

v. 

DHR, Division of Social Services. CSE 


91 CSE 1216 


Nesnow 


09/15/92 


Herman Edward Main II 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1225 


Nesnow 


07/07/92 


Robert L. Hicks 

v. 
DHR, Division of Social Services, CSE 


91 CSE 1241 


Morgan 


11/18/92 


Albert Louis Stoner III 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1244 


Gray 


07/01/92 


James E. Greene 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1245 


Nesnow 


07/14/92 


Joseph W. Harris 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1247 


Morgan 


07/28/92 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



2021 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Michael Lee Cadogan 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1254 


Nesnow 


11/17/92 


Celvis M. Burns 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1256 


Mann 


09/01/92 


Rodney Powell 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1257 


Morgan 


07/29/92 


Miles G. Griffin Jr. 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1270 


Gray 


08/27/92 


Gerald E. Anthony 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1274 


Mann 


09/01/92 


Floyd L. Rountree 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1275 


Morgan 


07/22/92 


Ruth Smith Hensley Shondales 

v. 

ABC Commission 


91 ABC 1280 


Chess 


08/05/92 


Willie Simpson Smith III 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1288 


Morrison 


11/18/92 


William James Terry 

v. 

Victims Compensation Commission 


91 CPS 1302 


Morrison 


10/02/92 


Rasoul Behboudi 

v. 

DHR. Division of Social Services, CSE 


91 CSE 1313 


Morrison 


09/15/92 


John D. Gaines 

v. 

DHR. Division of Social Services. CSE 


91 CSE 1321 


Chess 


10/05/92 


Ann W. Grush. as Collector for the Estate of 

Johnny L. Wilson, Deceased and Individually 

v. 

Bd of Trustees Teachers' & State Emp Retirement Sys 


91 DST 1354 


Morgan 


11/19/92 


City-Wide Asphalt Paving, Inc. 

v. 

Department of Environment, Health. & Natural Resources 


91 EHR 1360 


Chess 


07/01/92 



♦ 



2022 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Alcoholic Beverage Control Commission 

v. 

Tre Three, Inc., T/A Crackers, 

Airport Rd., Rockingham, NC 28379 


91 ABC 1372 


Chess 


07/07/92 


Alcoholic Beverage Control Commission 

v. 

Rode Enterprises, Inc., T/A Jordan Dam Mini Mart 


91 ABC 1388 


Gray 


07/30/92 


Carol J. Brown-L 238-96-9304 for 

Joel A. Brown-M 350-70-9378 

v. 

DHR, Division of Social Services, CSE 


91 DHR 1397 


Morrison 


10/29/92 


Carlton M. Smith 

v. 

Department of Human Resources 


91 OSP 1419 


Reilly 


11/05/92 


Blythe M. Bragg 

v. 
University of North Carolina at Chapel Hill 


91 OSP 1421 


Nesnow 


09/08/92 


David W. Williams 

v. 

DHR, Division of Social Services, CSE 


91 CSE 1423 


Morrison 


09/10/92 


Donald R. Allison 

v. 

DHR, Caswell Center 


91 OSP 1427 


Reilly 


06/30/92 


Alfred Rees 

v. 

Department of Environment, Health, & Natural Resources 


92 EHR 0004 


Reilly 


09/03/92 


Mrs. S. 

v. 

Washington County Board of Education 


92 EDC 0023 


Mann 


08/28/92 


Rudolph Tripp 

v. 

Department of Correction 


92 OSP 0024 


Gray 


08/27/92 


Gonzalo Rodriquez T/A Gonzalo's Baile Mexicano 

227 S. Scales Street. Reidsville, NC 27323 

v. 

Alcoholic Beverage Control Commission 


92 ABC 0026 


Chess 


10/01/92 


Ella L. Cobb 

v. 

Department of Correction, Aaron J. Johnson 


92 OSP 0028 


Gray 


11/30/92 


Lavern Fesperman 

v. 

Mecklenburg County 


92 OSP 0030 


Chess 


07/17/92 



7:18 



NORTH CAROLINA REGISTER 



December 75, 1992 



2023 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Vale B. Sims 

v. 

Winston-Salem State University 


92 OSP0031 


Gray 


10/13/92 


Paul J. Nonkes 

v. 

Halifax County Health Dept. (Jeff Dillard, Sanitarian) 


92 EHR 0058 


Becton 


08/28/92 


Carrolton of Williamston, Inc. 

v. 

DHR, Division of Facility Services. Licensure Section 


92 DHR 0071 


Becton 


08/19/92 


Ron C. W. Spencer 

v. 

Criminal Justice Education & Training Stds Commission 


92 DOJ 0076 


Morgan 


11/05/92 


Mattie S. Bryant 

v. 

Department of Transportation 


92 OSP0081 


Reilly 


10/07/92 


Fred Jennings Moody Jr. 

v. 

Sheriffs' Education & Training Stds. Commission 


92 DOJ 0084 


Chess 


07/17/92 


Ronnie Lamont Donaldson 

v. 

Sheriffs' Education & Training Standards Commission 


92 DOJ 0092 


Reilly 


07/27/92 


Vernice V. Battle 

v. 

Sheriffs' Education & Training Standards Commission 


92 DOJ 0093 


Becton 


08/28/92 


Hudson's "The Acres" Rest Home 

v. 

DHR. Division of Facility Services, Licensure Section 


92 DHR 0100 


Chess 


09/04/92 


Marvin Helton, Jean Helton 

v. 

DHR, Division of Facility Services 


92 DHR 0102 


Chess 


08/14/92 


Leo Scott Wilson 

v. 

Department of Environment, Health, & Natural Resources 


92 EHR 0112 


Reilly 


08/26/92 


Ray Charles Ramsey D/B/A Triples Night Club 

v. 

Alcoholic Beverage Control Commission 


92 ABC 0116 
92 ABC 0360 


West 


10/12/92 


Peggy N. Barber 

v. 

The University of North Carolina at Chapel Hill 


92 OSP0120 


Reilly 


07/13/92 


Luther Dawson Jr. 

v. 

DHR. Division of Facility Services 


92 DHR 0121 


Nesnow 


10/09/92 



2024 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Rodney A. Cranfill 
v. 
Dept of Labor, Division of Occupational Safety & Health 


92 DOL 0122 


Nesnow 


10/22/92 


Robert C. Thomas 

v. 

Sheriffs' Education & Training Stds. Commission 


92 DOJ 0130 


Chess 


10/02/92 


Alcoholic Beverage Control Commission 

v. 

John Wade Lewis, t/a Tasty Grill 


92 ABC 0145 


Nesnow 


07/15/92 


Perry L. Grogans 

v. 

DHR, Division of Social Services, CSE 


92 CSE 0170 


Reilly 


11/17/92 


Licensing Board for General Contractors 

V. 

Wright's Construction, Inc. (Lie. No. 23065) 


92 LBC 0172 


Gray 


07/31/92 


Richard L. Banks 

v. 

Pasquotank-Perquimans-Camden-Chowan District Health 

Department (PPCC) & Department of Environment, 

Health, & Natural Resources 


92 EHR 0175 


West 


08/25/92 


America's Management Group, Inc. d/b/a America's 

Health Care of Nashville 

v. 

DHR, Division of Facility Services, Licensure Section 


92 DHR 0183 


West 


10/06/92 


Hudson's "The Acres" Rest Home 

v. 

DHR, Division of Facility Services, Licensure Section 


92 DHR 0186 


Chess 


09/04/92 


Ray Bryant 

v. 

Department of Labor. OSHA 


92 DOL 0187 


Nesnow 


08/07/92 


Herbert Hines Jr., H & H 

v. 

Alcoholic Beverage Control Commission 


92 ABC 0189 


Becton 


07/22/92 


James T. Scruggs 

v. 

Department of Transportation 


92 OSP 0193 


Chess 


11/02/92 


William Stevenson 

v. 

Department of Correction 


92 OSP 0201 


Chess 


09/03/92 


Frances B. Billingsley 

v. 

Bd. of Trustees/Teachers & St Employees Retirement Sys 


92 DST 0205 


Morgan 


08/18/92 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



2025 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Glenn E. Myers 

v. 

Department of Correction 


92 OSP 0217 


Reilly 


09/14/92 


Laurence Neal Murrill TV A Knox. 507 1st St SW. 

Hickory, NC 28602 

v. 

Alcoholic Beverage Control Commission 


92 ABC 0220 


Chess 


08/03/92 


William Oats 

v. 

Elizabeth City State University 


92 OSP 0226 


Nesnow 


10/09/92 


Town of Denton 

v. 

Department of Environment. Health. & Natural Resources 


92 EHR 0241 


Reilly 


07/30/92 


Alcoholic Beverage Control Commission 

v. 

Byrum's of Park Road, Inc.. T/A Byrum's Restaurant 


92 ABC 0252 


Gray 


07/30/92 


Alcoholic Beverage Control Commission 

v. 
Leo's Delicatessen #2, Inc., T/A Leo's #2 


92 ABC 0255 


Gray 


07/30/92 


North Topsail Water & Sewer, Inc. 

v. 

Department of Environment, Health, & Natural Resources 


92 EHR 0266 


Morrison 


08/12/92 


Raymond 0. and Rita Halle, and the Town of Boone 

v. 
EHR, Division of Land Resources 


92 EHR 0267 
92 EHR 0376 


Gray 


09/18/92 


James L. Stubbs 

v. 

Department of Correction 


92 OSP 0282 


Chess 


10/02/92 


Henry Thomas Tart 

v. 

DHR, Division of Social Services, CSE 


92 CSE 0283 


Nesnow 


09/15/92 


Virginia Devenny 

v. 

The University of North Carolina at Charlotte 


92 OSP 0301 


Reilly 


09/22/92 


Friends of Hatteras Island National Historic Maritime 

Forest Land Trust for Preservation, Inc. 

v. 

Coastal Resources Commission of the State of NC 

and 

Cape Hatteras Water Association, Inc. 


92 EHR 0303 


West 


10/19/92 



* 



2026 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Henry Lane, D/B/A Emerald Health Care Acute Care Ctr 

v. 
DHR, Div of Facility Services, Certificate of Need Section 

and 

Bowman-Richardson Health Care, Inc. D/B/A Wilkes 

Senior Village 


92 DHR 0308 


Gray 


08/28/92 


Azmi Sider, Midtown Mini Mart 

v. 

EHR, Division of Maternal and Child Health, WIC Section 


92 EHR 0317 


Nesnow 


09/16/92 


Gerald G. Strickland 

v. 

Crime Control and Public Safety 


92 CPS 0320 


Chess 


09/10/92 


Charles Wesley McAdams 

v. 
Division of Motor Vehicles 


92 OSP 0332 


Gray 


10/13/92 


Jonathan L. Fann 

v. 

U.N.C. Physical Plant, Herb Paul, Louis Herndon, Dean 

Justice, Bruce Jones 


92 OSP 0363 


Becton 


08/19/92 


Carolyn Owen 

v. 

UNC-G Physical Plant 


92 OSP 0370 


Nesnow 


11/17/92 


Douglas A. Bordeaux 

v. 

Department of Correction 


92 OSP 0378 


Chess 


07/10/92 


Clifton R. Johnson 

v. 

O'Berry Center, Department of Human Resources 


92 OSP 0381 


West 


07/08/92 


Southeastern Machine & Tool Company, Inc. 

v. 

Department of Environment, Health, & Natural Resources 


92 EHR 0386 


Becton 


07/20/92 


Louvenia Clark 

v. 

Edgecombe County Department of Social Services 


92 OSP 0402 


Reilly 


08/21/92 


Raleigh F. LaRoche 

v. 

Child & Family Services of Wake County 


92 OSP 0409 


Becton 


08/24/92 


Matthew R. Anderson 

v. 

DHR, Division of Social Services, CSE 


92 CSE 0418 


Gray 


10/06/92 


Ellwin C. Wetherington Jr. 

v. 

DHR, Division of Social Services, CSE 


92 CSE 0419 


Morrison 


09/28/92 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



2027 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Paul Reeves, Youth University Child Care 

v. 

Child Day Care Section, Division of Facility Svcs 


92 DHR 0424 


West 


08/21/92 


Mr. & Mrs. James C. Stanton 
v. 

Charlotte-Mecklenburg School System 


92 EDC 0430 


Nesnow 


08/04/92 


James Cooper Lewis 

v. 

Sheriffs' Education & Training Standards Commission 


92 DOJ 0461 


Reilly 


09/15/92 


Virgil Blaine Poole 

v. 

Department of Correction 


92 OSP 0463 


Reilly 


11/03/92 


Alcoholic Beverage Control Commission 

v. 

Roy William Teague, T/A Jamie's 


92 ABC 0474 


Reilly 


10/15/92 


Alcoholic Beverage Control Commission 

v. 

508 Investors, Inc., t/a Johnathon's Restaurant 


92 ABC 0476 


Nesnow 


09/24/92 


Jon David Amundson 

v. 

Davidson County Mental Health 


92 OSP 0503 


Becton 


09/10/92 


Northview Mobile Home Park 

v. 

Department of Environment. Health. & Natural Resources 


92 EHR 0507 


Reilly 


07/13/92 


Nathan R. Harris 

v. 

DHR, Division of Social Services, CSE 


92 CSE 0512 


West 


1 1 / 1 2/92 


Yolanda Lynn Bethea 

v. 

DHR, Division of Social Services, CSE 


92 DCS 0513 


Becton 


08/14/92 


Frank Humphrey 

v. 

EHR, Division of Environmental Management 


92 EHR 0514 


Morrison 


10/08/92 


Alice Hunt Davis 

v. 

Department of Human Resources 


92 OSP 0526 


West 


07/16/92 


Waynette Hagler 

v. 

DHR, Division of Social Services, CSE 


92 DCS 0529 


Becton 


11/18/92 


Jimmy F. Bailey Sr. 

v. 

Department of State Treasurer, Retirement Systems Div 


92 DST 0536 


Morgan 


08/18/92 



2028 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Alcoholic Beverage Control Commission 

v. 

Partnership (Rollo Corrothers) t/a Corrothers Community 

Center and Private Club 


92 ABC 0539 


Mann 


10/19/92 


James R. Coley Sr. 

v. 

Department of Crime Control & Public Safety 


92 C PS 0551 


Morgan 


10/28/92 


Bramar, Inc., t/a Spike's 

v. 

Alcoholic Beverage Control Commission 


92 ABC 0554 


Mann 


08/13/92 


Grady Lockhart Jr. 

v. 

DHR, Division of Social Services, CSE 


92 CSE 0565 


Becton 


09/28/92 


Ralph J. Ogburn 

v. 

Private Protective Services Board 


92 DOJ 0571 


Nesnow 


08/07/92 


Clemon Evans, Glamor Inn 

v. 

Alcoholic Beverage Control Commission 


92 ABC 0574 


West 


11/10/92 


George M. Hagans 

v. 

DHR, (Cherry Hospital) 


92 OSP 0583 


Morgan 


09/21/92 


Gilbert Todd Sr. 

v. 

Public Water Supply Section 


92 EHR 0586 


Morrison 


08/06/92 


Candance Y. Johnson 

v. 

Division of Motor Vehicles 


92 DOT 0589 


Becton 


08/24/92 


John W. Surles 

v. 

N.C. Crime Victims Compensation Commission 


92 CPS 0595 


Reilly 


07/13/92 


Michelle Umstead 

v. 

Crime Victims Compensation Commission 


92 CPS 0599 


Morrison 


10/26/92 


Alcoholic Beverage Control Commission 

v. 

Teresa Henderson Burnett T/A Tiffany's Lounge 


92 ABC 0611 


Gray 


11/05/92 


Alcoholic Beverage Control Commission 

v. 

Richard Henry Bradley T/A Nite Lite 


92 ABC 0613 


Gray 


10/30/92 


Pamela Jean Gass 

v. 

DHR, Division of Social Services. CSE 


92 DCS 0623 


Morrison 


08/14/92 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



2029 



'HlMMIIII II I 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Vanester Morrison 

v. 

Social Services of Mecklenburg County 


92 DHR 0635 


West 


11/23/92 


J.W. Reed 

v. 

Department of Correction 


92 OSP 0638 


Morrison 


08/11/92 


Debra G. Conner 
v. 

Caswell Center, Department of Human Resources 


92 OSP 0647 


Morgan 


10/28/92 


Carson Davis 

v. 

Department of Correction 


92 OSP 0650 


Reilly 


08/10/92 


Kevin Stringer 

v. 

DHR, Division of Social Services, CSE 


92 CSE 0651 


Gray 


10/23/92 


Luther Hall Clontz 

v. 

Western Carolina Center (NC of Human Resources) 


92 OSP 0652 


Becton 


09/10/92 


Private Protective Services Board 

v. 

Mark Andrew Perry 


92 DOJ 0662 


Becton 


09/10/92 


Stauffer Information Systems 

v. 

Department of Community Colleges and the N.C. 

Department of Administration 

and 

The University of Southern California 


92 DOA 0666 


West 


07/08/92 


Dortheia B. Marley 

v. 

Department of Correction 


92 OSP 0667 


West 


09/28/92 


Nancy J. Tice 

v. 

Administrative Off of the Courts, Guardian Ad Litem Svcs 


92 OSP 0674 


Morrison 


08/ 1 1 /92 


L. Stan Bailey 

v. 

Chancellor Moran and UNC-Greensboro 


92 OSP 0679 


West 


07/10/92 


Arnold McCloud T/A Club Castle 

v. 

Alcoholic Beverage Control Commission 


92 ABC 0681 


Morrison 


07/25/92 


Alcoholic Beverage Control Commission 

v. 
Alfonzo Damon T/A The New Zanza Bar 


92 ABC 0690 


Gray 


10/30/92 



2030 



7: IS 



NORTH CAROLINA REGISTER 



December 15, 1992 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Alcoholic Beverage Control Commission 

v. 

Ronald Rubin Hicks T/A Country Sports Bar & Grill 


92 ABC 0695 


Becton 


11/25/92 


Alcoholic Beverage Control Commission 

v. 
Nina Katheryn Delk, T/A Nina's Billiards 


92 ABC 0704 


Gray 


11/10/92 


Joyce Faircloth, T/A Showcase Lounge 

v. 
Alcoholic Beverage Control Commission 


92 ABC 0713 


Morrison 


07/25/92 


James B. Price 

v. 

Department of Transportation 


92 OSP 0725 


Mann 


09/02/92 


Dianne G. Brawley 

v. 

Sheriffs' Education & Training Standards Commission 


92 DOJ 0729 


Gray 


11/05/92 


Edmonia Lang 

v. 

Carteret County Board of Education 


92 OSP 0736 


Mann 


08/28/92 


Beatrice Wheless 

v. 

Lise M. Miller, University Payroll Off, NC St University 


92 OSP 0744 


Morgan 


11/05/92 


Larry Bruce High 

v. 

Alarms Systems Licensing Board 


92 DOJ 0755 
92 DOJ 0785 


Nesnow 


08/25/92 


Ezra Meir 

v. 

EHR, Division of Environmental Management 


92 EHR 0764 


Morgan 


11/12/92 


Wyoming Gilliam 

v. 

DHR, Division of Social Services, CSE 


92 CSE 0772 


Gray 


09/29/92 


Alcoholic Beverage Control Commission 

v. 

Robert Norman Hatem, t/a Spanky's 


92 ABC 0778 


Mann 


11/25/92 


Wilma P. Howard 

v. 

Bd of Trustees of the Teachers' & St Emp Retirement Sys 


92 DST 0787 


Becton 


11/09/92 


Timothy Wylie 

v. 

Department of State Treasurer, Retirement Systems Div 


92 DST 0793 


Morrison 


09/29/92 


Jolynn S. Collins 

v. 

Department of Crime Control & Public Safety 


92 CPS 0798 


Morgan 


11/25/92 



7:18 



NORTH CAROLINA REGISTER 

BHWH 



December 15, 1992 



2031 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Margaret Keys 

v. 

Crime Victims Compensation Commission 


92 CPS 0807 


Becton 


11/06/92 


Rosie W. Harrell 
v. 

Administrative Office of the Courts 


92 OSP 0846 


West 


09/17/92 


Resteyne M. Wilkinson 

v. 

Employment Security Commission 


92 OSP 0870 


Chess 


10/27/92 


Robert Aiken 

v. 

Department of Correction 


92 OSP 0872 


Gray 


09/25/92 


Daniel N. Jones 

v. 

N.C. Victims Compensation Commission 


92 CPS 0879 


Chess 


08/28/92 


Paul Hunter 

v. 

Dorothea Dix Hospital 


92 OSP 0878 


Chess 


09/29/92 


David V. Cates 
v. 

Alarm Systems Licensing Board 


92 DOJ 0892 


Becton 


10/05/92 


Kiddie Kountry Day Care, Elaine Stephenson 

v. 

Public Water Supply System 


92 EHR 0901 


Becton 


10/28/92 


Larry E. Foreman. L. Reginald Caroon. Benny C. Leary, 
Zool Ireland. Mitchie Midgette. and Arthur Leary 

v. 

DHR. Division of Marine Fisheries 


92 EHR 0908 
92 EHR 0909 
92 EHR 0910 
92 EHR 0911 
92 EHR 0912 
92 EHR 0924 


Gray 


10/28/92 


Ronnie Campbell 

v. 

Department of Environment. Health. & Natural Resources 


92 EHR 0921 


Reilly 


11/16/92 


Patricia Guyton Watson 

v. 

Medicaid-Division of Medical Assistance 


92 DHR 0944 


West 


11/23/92 


Larry Donnel Williams 

v. 
DHR. O' Berry Center 


92 OSP 0950 


Gray 


10/19/92 


Tomenah W. Hudson 

v. 

Department of Environment. Health. & Natural Resources 


92 EHR 0983 


Reilly 


10/21/92 



103: 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



CONTESTED CASE DECISIONS 



CASE NAME 


CASE 
NUMBER 


ALJ 


FILED 
DATE 


Heritage Environmental Services, Inc. 

v. 

Department of Environment, Health, & Natural Resources 


92 EHR 1039 


Gray 


10/27/92 


Piedmont Fiberglass Inc. 

v. 

Department of Environment, Health, & Natural Resources 


92 EHR 1057 


West 


11/09/92 


Jimmie Lee Thorne Jr. 

v. 
Victims Compensation Commission 


92 CPS 1059 


Nesnow 


10/20/92 


Leo Tew 

v. 
Board of Dental Examiners 


92 BDA 1131 


Reilly 


11/17/92 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



2033 



HS9BB 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



IN THE OFFICE OF 
ADMINISTRATIVE HEARINGS 
91 DST 1354 



I 



ANN W. CRUSH, AS COLLECTOR FOR THE 
ESTATE OF JOHNNY L. WILSON, DECEASED 
AND INDIVIDUALLY, 
Petitioner. 



BOARD OF TRUSTEES TEACHERS' AND STATE 
EMPLOYEES' RETIREMENT SYSTEMS. 
Respondent. 



RECOMMENDED DECISION 



The above-captioned matter was heard by Michael Rivers Morgan, Administrative Law Judge, on 
August 27, 1992 in Raleigh, North Carolina. 

APPEARANCES 

M. Jackson Nichols. Crisp, Davis, Schwenkter. Page, Currin and Nichols, for the Petitioner. 

Alexander McC. Peters, Assistant Attorney General, for the Respondent. 

ISSUE 

Whether the Respondent correctly denied the payment of a decedent's retirement allowance to the 
decedent's daughter in favor of the decedent's ex-husband as the nominated recipient at the time of the 
decedent's death, after the decedent allegedly changed her nominated recipient in a proper manner from her 
ex-husband to her daughter. 

FINDINGS OF FACT 

Based upon the evidence admitted at the hearing, the undersigned administrative law judge finds the 
following facts: 

1. The Petitioner is the daughter of the late Johnny L. Wilson. 

2. Wilson was employed as a teacher's aide until her retirement in 1984. 

3. Johnny L. Wilson was married to Jack D. Wilson, the Petitioner's father, until the Wilsons were 
divorced after thirty-nine years of marriage. 

4. Johnny L. Wilson resided in a rest home in Conover, North Carolina and Jack D. Wilson resided in 
Supply, North Carolina after the divorce, with the two having no contact. 

5. Johnny L. Wilson elected Option 2 on her May 4, 1984 Election of Benefits form with Jack D. 
Wilson designated as the beneficiary. 

6. After the Wilsons' divorce, the Petitioner and Johnny L. Wilson discussed the need for Johnny L. 



# 



♦ 



2034 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



CONTESTED CASE DECISIONS 



Wilson to change her beneficiary for survivor retirement benefits. 

7. There are two circumstances under which a beneficiary designation can be changed under Option 2 
of the Election of Benefits: the individual's return to State employment or a divorce from the elected 
spouse. 

8. The Petitioner contacted the Respondent's offices by telephone on two occasions concerning Johnny 
L. Wilson's need to change her beneficiary for survivor retirement benefits, but does not know with 
whom she spoke on these occasions. 

9. On the occasions when the Petitioner spoke w.itj} someone by telephone at the Respondent's offices 
concerning her mother's retirement allowance, the Petitioner identified herself as Johnny Wilson's 
daughter, stated that Johnny L. Wilson was retired due to disability, stated the Petitioner's 
understanding that a beneficiary could only be changed if the spouse had been divorced or had died, 
stated that Johnny L. Wilson was divorced and requested that papers be sent to change Johnny L. 
Wilson's beneficiary. 

10. The Petitioner held a discussion by telephone with someone at the Respondent's offices concerning 
the way in which Johnny L. Wilson should change her beneficiary since she was divorced. 

1 1. The Petitioner arranged to have the Respondent's forms sent to the Petitioner's home. 

12. Two forms arrived at the Petitioner's home, which had instructions on the back of each form. 

13. The Petitioner read the forms' instructions and Johnny L. Wilson executed the forms. 

14. The Petitioner did not receive any assistance in completing the forms which the Respondent provided. 

15. The form which the Petitioner completed and Johnny L. Wilson executed was a Change of Beneficiary 
form in which the Petitioner was designated as the principal beneficiary. 

16. In the Designation of Beneficiary section of the Change of Beneficiary, form which Johnny L. Wilson 
executed, it was stated: "I hereby revoke my previous designation of beneficiary(ies) and now 
designate beneficiary (ies) to whom I request the Board of Trustees to pay, in the event of my death 
... if retired, the guaranteed return of contributions under Option 1, 4. or 5..." 

17. Johnny L. Wilson executed her Change of Beneficiary form on October 1. 1991. 

18. Johnny L. Wilson died on October 3, 1991. 

19. The Petitioner had not sent the executed Change of Beneficiary paperwork, and therefore the 
Respondent had not received the executed Change of Beneficiary paperwork, prior to the death of 
Johnny L. Wilson. 

20. The Petitioner forwarded Johnny L. Wilson's Change of Beneficiary form to the Respondent during 
the week following the death of Johnny L. Wilson. 

21. A female at the Respondent's offices informed the Petitioner that Johnny L. Wilson's Change of 
Beneficiary paperwork could not be processed because Johnny L. Wilson had died before this 
paperwork was received in the Respondent's offices. 

22. In a November 5. 1991 letter to the Petitioner from the Respondent's Chief of Member Services 
Section Timothy S. Bryan, the Petitioner was informed that her request to be the designated 
beneficiary of Johnny L. Wilson would not be honored because a Revocation of Option form and an 
Election of Benefits form were not completed and the Change of Beneficiary form was not received 



7:18 NORTH CAROLINA REGISTER December 15, 1992 2035 



CONTESTED CASE DECISIONS 



by the Respondent prior to the death of the Petitioner's mother. 

23. In the November 5. 1991 letter, the Petitioner was informed that Johnny L. Wilson did not complete 
the proper forms to effectively revoke her previous beneficiary designation of Jack D. Wilson. 

24. The Respondent's benefits counselors have access to a retirement system member's information and 
selected options. 

CONCLUSIONS OF LAW 

1. North Carolina General Statutes Section 135-5(g) states, in pertinent part: 

" anv member having elected Options 2. 3. 5 or 6 and nominated his or her spouse to 

receive a retirement allowance upon the member's death may. after divorce from his or her 
spouse, revoke the nomination and elect a new option..." 

Johnnv L. Wilson elected Option 2 in her Election of Benefits form executed on May 4. 1984 and 
nominated her spouse Jack D. Wilson to receive a retirement allowance upon her death. 

3. After her divorce from Jack D. Wilson. Johnny L. Wilson did not effectively revoke her nomination 
of Jack D. Wilson as the recipient of her retirement allowance and did not elect a new option. 

4. Johnnv L. Wilson's execution of a Change of Beneficiary form prior to her death was not legally 
effective to revoke her nomination of Jack D. Wilson as the recipient of her retirement allowance, 
to nominate the Petitioner in the stead of Jack D. Wilson and to elect a new option. 

5. The Respondent correctly denied the payment of Johnny L. Wilson's retirement allowance to the 
Petitioner in favor of Jack D. Wilson as the nominated recipient at the time of Johnny L. Wilson's 

death 

DISCUSSION 

While the undersigned administrative law judge is obliged to heed and apply the express provisions 
of N.C.G.S. 5135-5(g) in reaching a recommended decision in the instant case, the undersigned is nonetheless 
troubled by the seeming inequitv of this recommended result. It is apparent that the Petitioner and her mother 
formulated an intent to replace the mother's ex-spouse as the nominee for survivor retirement benefits, 
dutifully contacted the Respondent in order to implement this intent and trusted that they had clearly conveyed 
their intent to the Respondent in order to accomplish their desired end. Although the Petitioner likely did not 
utilize the most artful language in this complex area to trigger the Respondent's identification of the 
Petitioner's need to obtain a Revocation of option form and an Election of Benefits form for her mother 
instead of a Change of Beneficiary form, nonetheless the average layperson who is a member of the 
Retirement System deserves to feel some measure of confidence that his or her choices are accurately recorded 
in this often-intimidating area. The Respondent is urged to identify methods by which to more safely insure 
that unintended results like those which have evolved in the present case do not recur. 

RECOMMENDATION 

It is recommended that Jack D. Wilson, instead of the Petitioner, be determined to be the nominated 
recipient of Johnny L. Wilson's retirement allowance. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative 
Hearings. P.O. Drawer 2~44 7 . Raleigh. N.C. 2761 1-7447. in accordance with North Carolina General Statute 
150B-36 fb). 



2036 7:18 NORTH CAROLINA REGISTER December 15, 1992 



i 



# 



♦ 



CONTESTED CASE DECISIONS 



NOTICE 



) 



The agency making the final decision in this contested case is required to give each party an 
opportunity to file exceptions to this recommended decision and to present written arguments to those in the 
agency who will make the final decision. G.S. 150B-36(a). 



The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and 
to furnish a copy to the parties' attorney of record and to the Office of Administrative Hearings . 

The agency that will make the final decision in this contested case is the Teachers' and State 
Employees' Retirement System of North Carolina. 

This the 19th day of November, 1992. 



Michael Rivers Morgan 
Administrative Law Judge 



) 



7:18 



NORTH CAROLINA REGISTER 



December IS, 1992 



2037 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF GUILFORD 



ESI THE OFFICE OF 
ADMINISTRATTVE HEARINGS 
91 OSP 0859 



I 



GERALDINE SEVIS. 
Petitioner. 



N.C. AGRICULTURAL AND TECHNICAL STATE 
UNIVERSITY. 

Respondent. 



RECOIVEVIENDED DECISION 



BACKGROUND 

This matter was heard in High Point, North Carolina, on April 6, 1992, by Administrative Law Judge 
Sammie Chess, Jr. The Petitioner initiated the case on September 23, 1991, in order to appeal the decision 
of the Respondent agency to terminate her from the position of Administrative Officer I on April 10, 1990. 
The record closed on October 19, 1992. when the parties completed the filing of their proposed findings and 
conclusions and final arguments. 



ISSUES 

Whether Petitioner was dismissed in contravention to North Carolina General Statute Section 
SPA Regulations, and the Business and Finance Manual? 



26-35, 



# 



STATUTES AND RULES INVOLVED 

North Carolina General Statute Section 126-35 

25 N. C. A. C. U: .0605 - .0606 

State Personnel Manual Section 9. pp. 3-6 

SPA Grievance and Appeals Procedure Regulations Business and Finance Manual; Employee Relations; 

Personnel Manual Chapter 126 
Discipline Form BP 109 

SUMMARY OF DECISION 

Petitioner's appeal should be granted in her favor because the Respondent Agency terminated the 
Petitioner in contravention to North Carolina General Statute Section 126-35. SPA Regulations and the 
Business and Finance Manual. 

APPEARANCES 



For Petitioner: 



Cheryl K. David 

Attorney at Law 

EGERTON. QUINN & DAVID 

Post Office Box 1920 

Greensboro, North Carolina 2740" 



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CONTESTED CASE DECISIONS 



For Respondent: Anne J. Brown 

Associate Attorney General 

N.C. Department of Justice 

P.O. Box 629 

Raleigh, North Carolina 27602-0629 

WITNESSES 

The Petitioner presented the following witnesses: 

Geraldine Sims 
The Respondent presented the following witnesses: 

Mrs. Lillian Couch 

Mr. Charles Mclntyre 

Mr. James E. Collins 

EXHIBITS 

Editor's Note: The list of Exhibits has been omitted from publication. A copy may be obtained by contacting 
the Office of Administrative Hearings. 

Based an a preponderance of the substantial evidence admitted into the record of this case, the 
Administrative Law Judge makes the following: 

STIPULATIONS 

1 . Petitioner was first employed by the Respondent on January 1 , 1963, as an Accounting Clerk 
I in the Treasury Department. 

2. Petitioner became a permanent full-time State employee on January 1, 1963. 

3. Petitioner was employed as an Administrative Officer 1, in the Treasury Department of the 
Respondent University from October 1, 1975, until her separation from employment on April 10, 1990. 

4. At the time of her separation. Petitioner's pay grade was 67. 

5. At the time of her separation. Petitioner's service with the Respondent University was 27 
years. 

Based on a preponderance of the evidence admitted into the record of this case, the Administrative 
Law Judge makes the following: 

FINDINGS OF FACT 

1 . Ms. Geraldine Sims. Petitioner, was employed by North Carolina Agricultural and Technical 
State University for 27 years. 

2. Petitioner occupied the position from which she was fired. Administrative Officer I. for fifteen 
(15) years. 

3. Petitioner received annual raises during her employment with the University. 

7:18 NORTH CAROLINA REGISTER December 15, 1992 2039 

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CONTESTED CASE DECISIONS 



4. Petitioner's job performance rating for the past 27 years, prior to being terminated, was at 
least satisfactory. 

5. That Petitioner was awarded a Certificate acknowledging diligence and supervision in the 
Division of Business and Finance in September, 1989, commending on her good work. Less than 7 months 
later she was terminated. 

6. That same month, September 1989, a new treasurer, James Collins, was hired at North 
Carolina A & T from outside the North Carolina University System. 

7. That Mr. Collins was not aware of State procedures and policies enumerated above, regarding 
progressive discipline. 

8. That the intention of North Carolina General Statute Section 126-35 is to give an employee 
notice that her performance is unsatisfactory and give her a reasonable fair chance to remedy deficiencies. 

9. If warnings are not properly given or if they are insufficient to put the employee on notice, 
then said warnings and subsequent disciplinary actions violate the employee's right to procedural due process. 

10. In this case, a total of nine letters were written to Petitioner from October 1989 until April 
1990. 

1 1 . Each letter addressed new issues and no time was given for Petitioner to improve 

performance. 

12. Most of the letters dealt with changes the new treasurer sought to implement. The letters did 
not indicate that Petitioner's job would be terminated until the end. 

13. Mr. Collins did not present any documented evidence of counselling sessions with the 
Petitioner as provided for by University policy to improve performance. 

14. The first "warning" letter, dated January 26, 1990, was insufficient to satisfy the statutory 
level of warning required under North Carolina General Statute Section 126-35. It proposed to give Petitioner 
30 days to improve her performance; but, within 20 days of the counselling letter titled "First Warning," 
Petitioner received a letter marked "Final Warning," dated February 15, 1990. 

15. The final warning did not set forth issues and means of improvement as required by 
University Policy and Statutes. 

16. Termination occurred less than two months after the final warning on April 10, 1990. 

17. The University fiscal affairs policy and procedure manual expands on North Carolina General 
Statute Section 126-35 and required greater responsibility on the part of the University to give the employee 
warning of specified deficiencies and corrective steps to remedy the problem. Petitioner was not given such 
"warnings". Each proposed warning letter dealt with different areas. The January 26 letter dealt with 
failure to deposit receipts on a daily basis. Petitioner corrected this problem pursuant to the first warning. 
The February 15, 1990 "warning" letter dealt with absenteeism and quality of performance. The termination 
letter of April 10. 1992, dealt with other issues which Petitioner had not been given previous warning: a check 
held over in a cash drawer, failure to bill Child Development Lab and a late certification to the State of a wire 
transfer. 

18. According to the University Policy and Procedure, the Personnel Director Ms. Lillian Couch 
was to oversee all letters of dismissal before presented to an employee. 

19. Ms. Couch testified that she did not see the dismissal letter before it was presented to 



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Petitioner. 

20. University policy and procedure required two (2) weeks severance pay upon termination in 
like situations, yet Petitioner was not given such. 

21. University Policy and North Carolina General Statute Section 126-35 require that appeal 
procedures be set out in the letter of dismissal. Such was not done in Petitioner's case. 

22. Mr. Collins did not follow the University's designated procedures, nor did he comply with 
North Carolina General Statute Section 126-35. 

Based on the foregoing Stipulations and Findings of Fact, the Administrative Law Judge makes the 
following: 

CONCLUSIONS OF LAW 

1 . The Agency action grieved by Petitioner in this contested case is her termination from the 
position of Administrative Officer I. 

2. Petitioner showed by a preponderance of the evidence that the Agency failed to follow North 
Carolina General Statute Section 126-35 and failed to follow University policy and procedure with regard to 
progressive discipline and proper notice of warning and termination. 

3. The Agency admitted that certain procedures and policies were not followed with regard to 
notice, appeal rights and severance pay. Ms. Lillian Couch. Personnel Director, admitted that in 
contravention to University policy, she did not see the Notice of Dismissal until after the fact, appeal rights 
were not given until after the fact, and severance pay was not given at all. The Business and Finance 
Manual states that dismissal actions must be coordinated with Personnel Department, as outlined in the 
progressing discipline policy. Moreover, the following progressive discipline steps are mandated: 

a) 3 Warnings 

1 . oral warning; 

2. Written warning which sets forth the points covered in the discussion; 

3. Final written warning, which will serve notice that a continuation of the unacceptable 
practices may result in dismissal; 

b) Predismissal conference 

1 . Written summary of the case prepared by supervisor as a letter of dismissal for 

review and approval by the Personnel Director; 



dismissal; 



2. The letter must set forth in numerical order specific acts that are reasonable for 

3. Two (2) weeks notice; 

4. Letter must inform employee of right to appeal. 

4. Procedural due process in taking an individual's right to make a livelihood is violated if 

sufficient warnings are not given. Jesse Jones, Jr. v. Department of Human Resources , 300 NC 687 ( 1980). 
North Carolina General Statute Section 126-35 creates a reasonable expectation of continued employment and 
a chance to remedy deficiencies. 



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CONTESTED CASE DECISIONS 



5. The Agency must be able to show that the Petitioner has failed to perform with reasonable 
care and attention before just cause for dismissal may be upheld. Walker v. N.C. Department of Human 
Resources . 100 NC App. 498. 

6. Failure to complete certain tasks to the complete satisfaction of the supervisor is not enough 
to establish just cause. Id. 

7. In order to show just cause, the Agency must prove that requirements were reasonable and 
the employee made no reasonable effort to meet these requirements. 

8. Petitioner submitted evidence that she attempted her best to perform all of the requirements 
of a job which she had performed satisfactorily for 15 years under different treasurers; a job for which she 
received a Certificate of Acknowledgement just 7 months prior to her dismissal, a job which she received 
annual job increases and a career she had spent 27 years of her life perfecting. 

Based on the foregoing Stipulations, Findings of Facts, Conclusions of Law, and a preponderance of 
the substantial evidence in the record, the Administrative Law Judge makes the following: 

RECOMMENDED DECISION 

The State Personnel Commission should find that the Respondent dismissed Petitioner in contravention 
to North Carolina General Statute Section 126-35, and University Policy and Procedure. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, N.C. 2761 1-7447, in accordance with North Carolina General Statute 
150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an 
opportunity to file exceptions to this recommended decision and to present written arguments to those in the 
agency who will make the final decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to 
furnish a copy to the parties' attorney of record and to the Office of Administrative Hearings . 

The agency that will make the final decision in this contested case is the Office of State Personnel. 

This the 29th day of October, 1992. 



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Sammie Chess, Jr. 
Administrative Law Judge 



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CONTESTED CASE DECISIONS 



) 



STATE OF NORTH CAROLINA 



COUNTY OF DARE 



IN THE OFFICE OF 
ADMINISTRATTVE HEARINGS 
91 EHR 0889 



COASTAL READY MTX CONCRETE. ET\ AL. 

Petitioners, 



STATE OF NORTH CAROLINA. DEPARTMENT 
OF ENVIRONMENT. HEALTH. AND NATURAL 
RESOURCES. DIVISION OF COASTAL 
MANAGEMENT. 

Respondent. 



RECOMMENDED DECISION 



BACKGROUND 

THIS CAUSE COMING TO BE HEARD and being heard before Administrative Law Judge Sammie 
Chess, Jr., on June 22 and 23. 1992, in Manteo, Dare County, North Carolina. 

APPEARANCES 



For Petitioner: 



W. Mark Spence, Esquire 

Betsy S. Butler, Esquire 

AYCOCK, SPENCE and BUTLER 

Post Office Box 

Nags Head, North Carolina 27959 



For Respondent: 



David G. Heeter 

Associate Attorney General 

N.C. Department of Justice 

P.O. Box 629 

Raleish, North Carolina 27602-0629 



ISSUES 

Whether the Coastal Resources Commission's designation of Petitioners' property as an Area of 
Environmental Concern, and regulate development therein as provided in Rule 15A NCAC 7H .0507(d) and 
(e) constitute a "taking" in violation of North Carolina General Statute Section 113A-128, the Constitution 
of the United States or the Constitution of North Carolina? 

BURDEN OF PROOF 

The burden of proof is upon the Petitioners to show by the greater weight of the evidence that the 
Respondent violated the applicable statutes, rules or Constitutional provisions. 

FINDINGS OF FACT 



I 



1. Coastal Ready Mix Concrete Company, Incorporated, is a North Carolina corporation with 

its principal office and place of business being situate in Dare County, North Carolina. 



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2. Alfred McCoy Tilletl, Jr.. and St. Clair Tillett are citizens and residents of Dare County, 
North Carolina. 

3. Alfred McCoy Tillett, Jr., and St. Clair Tillett are the sole shareholders of all of the stock 
of Coastal Ready-Mix. 

4. Coastal Ready Mix Concrete Co., Inc., is the owner of Lot 17, Gertrude Sucro Subdivision, 
Nags Head, Dare County, North Carolina, having acquired same by Deed recorded March 18. 1985 in the 
office of the Register of Deeds of Dare County, North Carolina. Coastal Ready Mix Concrete Co., Inc 
acquired said property for the sole and specific purpose of removing sand therefrom to be used in the 
manufacture of concrete and fill material. 

5. Alfred McCoy Tillett. Jr., and St. Clair Tillett are the owners of Lot 18. which adjoins Lot 
17. Gertrude Sucro Subdivision, Dare County, North Carolina, having acquired same by Deed recorded July 
10. 1987. in the office of the Register of Deeds of Dare County. North Carolina. Alfred McCoy Tillett. Jr. 
and St. Clair Tillett acquired said property for the purpose of removing sand from said property for the 
purpose of the manufacture of concrete and for fill material. 

6. That Coastal Ready Mix Concrete Co.. Inc., Alfred McCoy Tillett. Jr., and St. Clair Tillett 
have used both of said lots for the sole and specific purpose of removing sand from same for the 
manufacturing of concrete and for fill material in their business, continuously, since acquiring said property. 

7. Predecessors in title to this property have used said property for the purpose of either 
removing sand for commercial purposes or selling sand for profit from said property, continuously, for more 
than 20 years prior to the Petitioners' acquiring of said property. 

8. This property is located in a southwesterly direction from the main ridge of Jockey's Ridge 

which is a large sand dune situate in the Town of Nags Head on the Outer Banks of North Carolina. The A 

location of Jockey's Ridge varies, to some extent, due to prevailing northeast winds in the winter and ^ 

prevailing southwest winds during the summer months. During the winter when northeast winds prevail, the 
ridge shifts, or moves by the blowing of sand from its surface, in a generally southwesterly direction. The 
opposite occurs during the summer months when the prevailing winds are from the southwest. Because the 
prevailing northeast winds occur during a longer portion of the year than the prevailing southwest winds, the 
ridge itself is moving in a generally southwesterly direction toward the property in question. 

9. Sand, blown by the winds, accumulates upon the property in question in large quantities 
where it is easily removed by the owners of the property for commercial use. When removed, the sand upon 
the property in question replenishes itself through the natural process of winds blowing the sand onto the 
property. According to Dr. Stanley Riggs, an expert geologist who testified at the hearing, sand upon these 
properties in question is, indeed, a renewable resource and that it would continue to renew itself indefinitely. 

10. In April of 1987, the State of North Carolina, by and through Alton Phillips, real property 
agent for the North Carolina Department of Administration, attempted to purchase Lot 17, Gertrude Sucro 
Subdivision from Petitioner. Coastal Ready Mix Concrete Co., Inc. for addition to the Jockey's Ridge State 
Park. The Jockey's Ridge State Park is a state park owned by the North Carolina Department of Administra- 
tion. State of North Carolina. The Jockey's Ridge State Park boundary adjoins both of the lots in question 
to the north. Alton Phillips offered Coastal Ready Mix Concrete Co. Inc.. the sum of S20.000.00 for Lot 
17. 

I 1 . Subsequently, the State of North Carolina, by and through the said Alton Phillips, offered 

to purchase both lots from the Petitioners for the total price of S48.000.00. 

12. Neither offer was accepted by Petitioners. 

13. The appraisals conducted by the State of North Carolina to determine the value of said lots 

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CONTESTED CASE DECISIONS 



were conducted assuming the highest and best use of the property to be residential. However, the appraisal 
conducted at the request and at the expense of the State of North Carolina by Collice C. Moore & Associates, 
Real Estate Appraisers and Consultants of Greenville, North Carolina, made a determination that, because of 
shifting sand and the volume of sand blowing on to the properties, they are generally not suitable for 
residential purposes. 

14. By letter dated January 29, 1988, Petitioners were notified that the North Carolina Coastal 
Resources Commission had designated these properties as being within the Jockey's Ridge Area of 
Environmental Concern. 

15. The rules and regulations of the Jockey's Ridge Area of Environmental Concern forbid the 
removal of sand from these properties except as necessary for construction purposes or for maintenance of 
residential property and, further, that any sand removed from the properties be redeposited at designated 
locations within the Jockey's Ridge State Park area. No sand could be removed from the property for 
business purposes of the Petitioners subsequent to the properties' designation as an Area of Environmental 
Concern. 

16. The A. E. C. became effective in February of 1988, and pursuant to the rules and regulations 
of the A. E. C Petitioner ceased all removal of sand from the two (2) lots in question as mandated by the 
Coastal Resources Commission. 

17. Thereafter, the State of North Carolina, Department of Administration, advised Petitioners 
that it no longer had any interest in acquiring these properties for addition to the Jockey's Ridge State Park. 

18. In February of 1988, when Petitioners ceased the removal of sand from the two (2) lots, the 
lots had been excavated to the level of the street or highway passing in front of the property. From March 
1, 1985 through the date of this hearing, approximately 25,000 tons of sand have accumulated on the property 
in question, an average accumulation of 6.000 tons of sand per year. 

19. From March of 1985 through February of 1988, when the Petitioners were forced to cease 
removing sand from the property. Petitioners removed 25,814 tons of sand from the property for use in its 
business operations. 

20. From March of 1988 through February of 1992, the Petitioners used 24,834 tons of sand in 
its business operations which it purchased from Wallace Sand Company in Camden, North Carolina. The 
Petitioners pay $3.00 per ton for sand at that location in Camden, North Carolina and expend $5.00 per ton 
transporting said sand to Dare County for a total cost of $8.00 per ton. Further, Petitioners used 14,992 tons 
of sand in their business operations which they purchased from Outer Banks Contractors. Inc. of Nags Head, 
North Carolina. However, the source of sand from which Outer Banks Contractors, Inc. supplied these 
14,992 tons of sand has also been closed as a result of being included in a separated Area of Environmental 
Concern. 

21 . The sand which accumulates on the property in question is a high quality sand, free of trash 
and ideal for the manufacture of concrete. 

22. That, as of March 1, 1988, the value of a ton of the sand located on the property in question 
at that location was $2.00. 

23. The cost of removing a ton of sand from this property to the north side of Jockey's Ridge 
State Park, including a front end loader, the operator for the front end loader, a dump truck and gasoline and 
oil. and other expenses, by a company engaged in that type of business is $2.00 per ton. Therefore the cost 
to the property owner of removing 6.000 tons of sand per year to the north side of Jockey's Ridge State Park 
would be $12,000.00. The encroachment of 6.000 tons of sand upon this property would threaten any 
residence constructed there and, therefore, said sand would have to be removed on a periodic basis. 



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CONTESTED CASE DECISIONS 



24. On August 22. 1991. Petitioners filed an application seeking a CAMA Minor Development 

Permit to authorize them to continue to remove sand from the property in question for use in manufacturing 
concrete and for fill material in Petitioners" business. 

That on September 19, 1992. the local permit officer for the town of Nags Head, denied the 
Petitioners' application based upon his findings that the two (2) lots were located within the Jockey's Ridge 
Area of Environmental Concern and the rules and regulations of the Jockey's Ridge Area of Environmental 
Concern prevented that use. 

26. The property is not reasonably suitable for single family residential purposes. The property 

is zoned for residential purposes by the Nags Head Zoning Ordinance. 

While the mining of sand from residential lots may be a non-conforming use under the Nags 
Head Zoning ordinance, the use of these particular lots for this purpose began substantially prior to the 
adoption of the Nags Head Zoning ordinance and, therefore, is "grandfathered" and that use is therefore not 
prohibited by the ordinance. 

28. The designation of Petitioners' property as being included within the Jockey's Ridge State 
Park Area of Environmental Concern by the Respondent denies Petitioners all beneficial and economically 
viable use and enjoyment of this property. 

29. Respondent produced no evidence tending to prove that the Jockey's Ridge State Park Area 
of Environmental Concern is not an unreasonable exercise of the police power as applied to Petitioners' 
property. Respondent has the burden of proof of same. 

Based upon the foregoing Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1. That the designation of the subject properties as being within the Jockey's Ridge State Park 

Area of Environmental Concern, pursuant to North Carolina General Statute Section 1 13 A- 103 and Chapter 
7H of the North Carolina Administrative Code constitutes a taking of property in violation of the Constitutions 
of the State of North Carolina and of the United States, in direct violation of North Carolina General Statute 
Section 113-128. and deprives Petitioners of the practical uses of their property, and is an unreasonable 
exercise of the police power as contemplated in North Carolina General Statute Section 113A-124. 

Based upon the foregoing Findings of Fact and Conclusions of Law. and as a recommended decision 
pursuant to North Carolina General Statute Section 150B-34. the undersigned Administrative Law Judge makes 
the following: 

RECOMMENDED DECISION 

It is recommended that the North Carolina Department of Environment. Health and Natural 
Resources. Division of Coastal Management enter a Final Decision providing the following: 

That the Jockey's Ridge State Park Area of Environmental Concern does not apply to Lot 17 
and Lot 18. Gertrude Sucro Subdivision. Nags Head. Dare Countv. North Carolina, the 
property of the Petitioners herein. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the office of Administrative 
Hearings. P.O. Drawer 27447. Raleigh, N.C. 2761 1-7447. in accordance with North Carolina General Statute 
150B-36(b). 



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NOTICE 



) 



The agency making the final decision in this contested case is required to give each party an 
opportunity to file exceptions to this recommended decision and to present written arguments to those in the 
agency who will make the final decision. G.S. 150B-36(a). 



The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to 
furnish a copy to the parties" attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the North Carolina Department 
of Environment, Health and Natural Resources, Division of Coastal Management. 

This the 12th day of October, 1992. 



Sammie Chess, Jr. 
Administrative Law Judge 



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2047 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF GUILFORD 



IN THE OFFICE OF 
ADMINISTRATTVE HEARINGS 

92 OSP 0370 




CAROLYN OWEN, 

Petitioner. 



UNC-G PHYSICAL PLANT, 

Respondent. 



The above-captioned matter was heard before Dolores O. Nesnow. Administrative Law Judge, on 
August 27-28. 1992. in High Point. North Carolina, and September 10-11. and 18, 1992. in Greensboro, 
North Carolina. 



APPEARANCES 

For Petitioner: Judith Behar 

Attorney At Law 
437 W. Friendly Avenue 
Greensboro, North Carolina 27401 
Attorney for Petitioner 



For Respondent: 



David M. Parker 

Assistant Attorney General 

North Carolina Department of Justice 

P.O. Box 629 

Raleigh. North Carolina 27602-0629 

Attorney for Respondent 

ISSUE 



1 . Did the Respondent dismiss Petitioner because of her sex? 

2. Did the Respondent have just cause to dismiss the Petitioner for personal misconduct 1 ? 

STATUTES AND RULES IN ISSUE 

N.C. Gen. Stat. 126-4. 126-16. 126-17. 126-35 

N.C. Admin. Code. tit. II. r. .0203 

N.C. Admin. Code. tit. U. r. .0604. .0605. .0606. .0608. .0610 



♦ 



For Petitioner: 



WITNESSES 



Charles Bell, Retired Grounds Superintendent 

John White. Retired Grounds employee 

Sam Anderson. Retired Plumbing. Steam. Welding employee 

Malcolm Andrews, Grounds employee 

Ginny Myers, previous Grounds employee 

Bernice De Braaga. Secretary 



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CONTESTED CASE DECISIONS 



Jack Colby, Director - Physical Plant 
Christopher Fay, Grounds Superintendent 
Carolyn Owen, Petitioner 



For Respondent: 



Anora Robbins, Assistant Director of Human Resources 

Tony Connally, Grounds employee 

Hal Shelton, Grounds employee 

David Kimball, Grounds employee 

Walter Wilson, Grounds employee 

Jerome Isley, Grounds employee 

Christopher Fay, Grounds Superintendent 

MOTIONS 

At the close of Petitioner's evidence. Respondent Moved to Dismiss the Petitioner's sex, age, and 
retaliation claims for failure to establish a prima facie case. 

1 . The Respondent's Motion as to age discrimination was ALLOWED. 

2. The Respondent's Motion as to sex discrimination was DENIED. 

3. A ruling on the Respondent's Motion as to Retaliation was reserved. After due and deliberate 
consideration, it is the undersigned's opinion that the Petitioner has failed to establish a prima facie case of 
retaliation. 

Petitioner's protected activity occurred in 1985. The two supervisors immediately above Petitioner 
in the chain of command were replaced between the time of the protected activity and Petitioner's dismissal, 
though David Lumpkin became Petitioner's third line supervisor. Mr. Lumpkin, however, was Facilities 
Manager and was. from all indications, far removed from Petitioner's day to day work operations. 
Additionally, and more importantly, there is a lengthy time span between 1985 - the protected activity, and 
1991 - the dismissal. It does not appear from the evidence presented that a causal connection exists between 
the protected activity and the adverse action. 

It is, therefore, ORDERED that Respondent's Motion to Dismiss the issue of retaliation for failure 
to establish a prima facie case is ALLOWED. 

STIPULATIONS 

1 . The Respondent stipulates that the Petitioner was qualified for purposes of the prima facie 
case in the discrimination issues. 

2. Petitioner was a permanent State employee and was subject to the protections of the State 
Personnel Act. 

Based upon careful consideration of the testimony and evidence presented at the hearing, the 
documents and exhibits received into evidence, and the entire record in this proceeding, the undersigned 
makes the following: 

FINDINGS OF FACT 

1 . Petitioner was employed at the University of North Carolina at Greensboro (UNCO) until her 
dismissal for personal misconduct on November 22, 1991. 

2. At the time of her dismissal Petitioner was employed as a Grounds Supervisor. 



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CONTESTED CASE DECISIONS 



3. Petitioner's supervisor was Chris Fay. Superintendent of the Grounds Section in the 
Department of Physical Plant. 

4. On November 18. 1991. Mr. Fay conducted a pre-disciplinary conference with Petitioner. 

On November 22. 1991. Petitioner was dismissed and was so notified in a letter of that date 
from Chris Fay. 

6. The dismissal letter stated that Petitioner had made statements of a derogatory and 
inflammatory nature to her employees, and that, during the course of an investigation. Petitioner attempted 
to discourage her employees from pursuing their complaints by intimidation. 

7. The letter ended by outlining Petitioner's appeal rights. 

8. Earlier, in August of 1990, Petitioner had received a written warning because of complaints 
from her grounds crew, particularly Jerome Hayes, alleging that she used abusive language, profanity, and 
sex and ethnic based comments. Petitioner was warned not to take any retaliatory action toward her crew. 
The warning also stated that it was a "conduct" warning and that Petitioner had received two previous 
"personal conduct" warnings. August 14. 1989 and June 15. 1990. 

9. Petitioner appealed her August 14. 1989 warning and it was reversed at the grievance level. 

10. Petitioner appealed her June 15, 1990 warning and it was upheld at the grievance level. 

11. As a result of the discipline in the fall of 1990. Jerome Hayes was transferred off Petitioner's 
crew and David Kimball was transferred on to her crew. 

12. During that winter. Kimball spoke with Chris Fay a number of times complaining about 
Petitioner but Mr. Fay advised him to "work it out." 

13. In the Spring of 1991 , Mr. Kimball went to see Anora Robbins, Assistant Director of Human 
Resources at L'NCG, to complain about Petitioner. 

14. After he had made his complaint, Kimball was asked to meet with Chris Fay and Petitioner 
to discuss the problem, but Kimball became upset at the prospect of confronting Petitioner and left work. 

15. Kimball's complaint concerned the way he was treated by Petitioner. Mr. Kimball felt he 
was being ridiculed. Petitioner had said more than once. "If Charles Bell was still Superintendent, you 
wouldn't have this job." 

16. In June of 1 99 1 , another one of Petitioner's employees. Tony Connally, an African American, 
was working on concrete for a handicap ramp. The day was very hot and Mr. Connally, at one point, took 
a break. Petitioner saw him resting and said, "If I was a black man, I could do this work all day." 

17. Mr. Connally did not respond but was hurt and angry. 

18. At approximately the same time as Mr. Kimball's meeting with Anora Robbins. Mr. Connally 
reported this incident to Ms. Robbins. 

19. Petitioner testified that she enjoyed masonry and concrete work but had heard that 
opportunities in that field were not plentiful for women but were open for black males. 

20. Mr. Connally testified, and it is found as fact, that Petitioner "...criticized my job 
performance all the time." 



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21. Mr. Connally complained to Ms. Robbins instead of discussing it with Petitioner because 
Petitioner had "...an obnoxious attitude." 

22. On another occasion, Mr. Connally would not enter one of the University buildings after 
hours because he'd been instructed not to do so. Petitioner said, "I can enter the building. I'm not a black 
man." 

23. Mr. Connally testified that Petitioner did not treat him any differently than other employees 
because "...she treated everybody like dirt." 

24. Hal Shelton had also been an employee of Petitioners. Mr. Shelton was considering quitting 
because there was a lot of conflict between himself and Petitioner. 

25. Mr. Shelton had been a brick mason for 17 years but during the time he was supervised by 
Petitioner, she would not allow him to discuss masonry projects with project managers. She insisted that the 
managers speak to her and she would speak to Mr. Shelton. 

26. Mr. Shelton testified that Petitioner cursed him, was defiant to his suggestions, did not respect 
him or treat him professionally, that she'd "blow up" at him and was hard to please, impolite and very 

"bossy. " 

27. Mr. Shelton talked to Chris Fay on a number of occasions about problems with Petitioner but 
Mr. Fay usually said to "just work it out." 

28. Mr. Shelton also then complained to Anora Robbins. 

29. In June of 1991, Mr. Fay moved Mr. Shelton to a different crew. 

30. Walter Wilson was also a member of Petitioner's crew and had reported complaints about 
Petitioner to Anora Robbins on two or three occasions. 

31. On one occasion. Petitioner stated to Mr. Wilson, "No man will ever meet my standards." 

32. Jerome Isley. an African American, was also a member of Petitioner's crew and reported 
complaints about Petitioner to Anora Robbins. 

33. On one occasion. Petitioner said to Isley, "You're stupid." and "Stop assing around." 

34. In mid September of 1991. Mr. Fay learned that David Kimball, Tony Connally, Jerome 
Isley, Hal Shelton and Walter Wilson had all gone to Anora Robbins to complain about Petitioner. Mr. Fay 
initiated an investigation. 

35. During this time. Petitioner went to see Anora Robbins to discuss the complaints. Petitioner 
made derogatory remarks about Ms. Robbins' reputation saying it was "a joke", and saying that, Ms. Robbins 
has no credibility at UNCG. Ms. Robbins told Petitioner to consult with other members of the Human 
Resources staff. 

36. Ms. Robbins had each of the complaining employees reduce their statements to writing which 
they then signed. 

37. During the period of the investigation. Petitioner gave copies of her 1990 written warning 
to Hal Shelton and said, "Read "em and keep "em." and "this goes to show how Human Resources will twist 
things around." 



7:18 NORTH CAROLINA REGISTER December 15, 1992 2051 

IIUII III IIHH|iHIWIIIIII»HMHIMIIUilllllllli|IMHMIIMIIMHII ■—— III l 1 lllll I 



CONTESTED CASE DECISIONS 



38. Petitioner also gave a copy of her 1990 warning to David Kimball and said, "If I go, I'm 
taking some others with me. " She also accused him of "pulling a Jerome Hayes", meaning that he was trying 
to get removed from her crew. 

39. Petitioner also gave a copy of her 1990 warning to Walter Wilson and said "This Jerome 
Hayes thing is starting up again." 

40. Mr. Fay reviewed the statements the employees had written for Anora Robbins. Fay had also 
been informed that Petitioner had given out copies of her earlier warning. He then arranged for a meeting 
with Petitioner, himself and the Physical Plant Director, Jack Colby. 

41. As a result of that meeting, and because Mr. Colby and Mr. Fay believed Petitioner was 
interfering with the investigation by giving out copies of her previous warning. Petitioner was suspended 
without pay. 

42. Subsequently, Mr. Fay wrote Petitioner to arrange for a predismissal conference. The date 
was set and the meeting held on November 18, 1991, with Fay, Colby and Petitioner. 

43. During that conference. Petitioner denied making the statements to her employees and denied 
giving them her disciplinary warning. 

44. Petitioner had been with the grounds section for 17 years at the time of her dismissal and was 
very skilled in many of the areas of expertise required for her job, particularly gardens and plantings. 

45. Mr. Fay had been hired as a grounds worker in approximately 1985 while Charles Bell was 
superintendent. Mr. Fay had worked for about two years under Petitioner's supervision. 

46. When Mr. Bell left in December of 1985, Petitioner became Acting Superintendent. She 
remained in that capacity until March of 1986 when Sam Rivers was hired as Superintendent. 

47. Rivers resigned in 1987 and Chris Fay and Petitioner both applied for the position. 

48. Jack Colby, the Physical Plant Director, appointed Chris Fay as superintendent because he 
believed Petitioner did not have good supervisory skills. 

49. Bernice De Bragga, a secretary at the Shop and Maintenance Building, which was the grounds 
crews home base, testified that Chris Fay never spoke to Petitioner in a civil manner but that he never raised 
his voice to Mike Moore or Bill Hardin, other grounds supervisors, even though Bill Hardin spent a lot of 
time sitting in the break area of the grounds building. 

50. Ms. De Bragga testified that Chris Fay was very open about his feelings toward Petitioner 
and that he had stated that he didn't like her and was going to give her all the dirty jobs and hope he could 
get rid of her. Ms. De Bragga later told Mary Carter, another secretary', and Petitioner what Mr. Fay said. 

51 . Ms. De Bragga saw Bill Hardin drunk many times and testified that his breath "would knock 
you over." 

52. Ms. De Bragga testified that Mr. Fay shouts at her and that she had complained about Mr. 
Fay particularly because he didn't do the 3:00 p.m. mail run which included material for which she was 
responsible. 

53. During this time, Mr. Fay required Petitioner to keep a day calendar of her daily activities. 
He had also sent her a memo in 1988 telling her how to fill out work orders properly and copied that memo 
to their Supervisor, Jack Colby. 



2052 7:18 NORTH CAROLINA REGISTER December 15, 1992 



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♦ 



# 



CONTESTED CASE DECISIONS 



54. Malcolm Andrews, an African American, who had previously been on Petitioner's crew, 
testified that although he had once complained about Petitioner's cursing, he was very grateful to her because 
she had arranged for him to go to Greensboro Technical Community College to learn brick masonry and 
concrete work and she had paid for it and had been unable to get reimbursed from UNCG. 

55. Ginny Myers, a female grounds employee, was put in temporary charge of a work crew when 
the supervisor had an accident and was unable to return to work. 

56. Ms. Myers had also observed that Bill Hardin came to work with alcohol on his breath and 
she occasionally saw him stumbling. She had complained, but Mr. Fay did not take any action. 

57. Subsequently. Chris Fay gave the crew supervisor's position to Bill Hardin. Ms. Myers 
complained to Mr. Fay and Mr. Fay replied that Mr. Hardin had been at UNCG longer than she had. 

58. Ms. Myers heard Mike Moore say to Chris Fay that he shouldn't hire another female because 
"we don't need any other bitches; we have two already." 

59. Ms. Myers testified that Petitioner's crew was pushed harder than other crews and got a lot 
of undesirable jobs. 

60. Ms. Myers testified that she had a full license and no drinking problem but admitted on cross 
examination that she had a DWI in February of 1991. and that limited driving privileges were still in effect. 

61 . Ms. Myers received a warning in June 1988, for calling a male co-worker, who had just hit 
her. a "motherfucker"; in May 1990 for profanity to her supervisor; and in June 1991 for excessive 
absenteeism and for profanity during a meeting. Ms. Myers was fired in September 1991 for absenteeism. 

62. Mr. Fay testified that he didn't see anything unusual in Mr. Hardin's performance, didn't 
smell alcohol, did not see stumbling, and did not see Mr. Hardin sitting in the break area a lot. Upon being 
recalled to the witness stand, Mr. Fay testified that he had smelled alcohol on Mr. Hardin's breath but 
believed it to be the odor of stale alcohol which had been consumed the night before. 

63. Mr. Fay testified that, although he is a "hyper" person, he had never raised his voice to 
Petitioner. 

64. Mr. Fay testified that he does not have a good working relationship with Ms. De Bragga and 
that she and Petitioner are friends. 

65. Mr. Fay testified that he doesn't remember anyone making a comment about "two bitches." 

66. Based upon observation of the witnesses, the facts to which they testified, and the credibility 
of their testimony, it is found as fact that Mr. Fay had favorites among his employees and often resolved 
disputes in favor of those people he liked; that Mr. Fay did not treat Petitioner as pleasantly as he treated the 
other Grounds Supervisors and that he gave Petitioner unfair amounts of work. 

67. Mr. Colby testified that in the Summer of 1991. a job offer was made to a female applicant 
who had been RIF'd from the Chinqua Penn Plantation, but that she'd turned down the offer. 

68. A position which was open in the Fall of 1991. was filled by a male. Jerome Isley's position 
was filled by a male. Petitioner's position was filled by a male. 

69. Petitioner testified that Hal Shelton was removed from her crew after she'd had a conflict with 
him over the rating she gave him on the annual employee appraisal report. After he was transferred, Chris 
Fay raised the rating on his report. 



7:18 NORTH CAROLINA REGISTER December 15, 1992 2053 

—^— — ■ 



CONTESTED CASE DECISIONS 



70. Petitioner sent a large number of memos to Mr. Fay concerning job related matters but Mr. 
Fay did not usually respond. 

7 1 . Petitioner does not remember saying "no man will ever meet my standards but does remember 
saying her employee was "stupid." She testified that she said this because he was behaving childishly. 

72. Petitioner testified that she wasn't aware her employees were having any problem with her 
supervision. 

Based upon the above Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

Sex Discrimination 

1 . In order to meet the burden of proof to show that Petitioner was dismissed because of her sex, 
the Petitioner must first establish a prima facie case. To that end. Petitioner has shown (a) that she is a 
member of a protected category, (b) that she was qualified for the position she held, and (c) that an adverse 
personnel action was taken against her. 

Petitioner must also show that there is some other evidence to indicate that she was dismissed because 
of her sex. To this end. Petitioner has shown that two out of nine grounds employees were female and that 
both female employees were fired. Additionally, Petitioner has put forth evidence to show that both females 
were disciplined on a number of occasions and that a grounds supervisor made the statement to the 
Superintendent that they already had "two bitches" and didn't need anymore. 

It is concluded that Petitioner has established a prima facie case of sex discrimination. 

2. After having established a prima facie case, the Respondent must come forward to show 
legitimate non-discriminatory reasons for the dismissal. 

To this end. Respondent has shown that Petitioner had a history of difficulty with her supervisory 
style and handling her employees. In 1991. all of Petitioner's employees officially reported their complaints 
concerning Petitioner's supervision. When Mr. Fay did not satisfactorily handle the problem. Petitioner's 
employees persisted and went to the Human Resources representative reporting the incidents involving 
Petitioner. Subsequently, when the Respondent was investigating these complaints. Petitioner's employees 
reported that Petitioner had approached them, handing out copies of her previous warnings. 

It is concluded that Respondent has presented evidence sufficient to show legitimate, 
non-discriminatory reasons for Petitioner's dismissal. 

3. After Respondent has shown legitimate, non-discriminatory reasons. Petitioner may go 
forward to show that these reasons were a pretext for sex discrimination. Evidence presented as part of 
Petitioner's prima facie case may be considered again as part of Petitioner's evidence to show pretext and that 
evidence is so considered. 

Additionally. Petitioner has shown that her supervisor, Mr. Fay, spoke to her in a harsh manner and 
that her crew received a large portion of the work assignments. Additionally, Petitioner has shown that Mr. 
Fay treated the grounds supervisors in an uneven manner and showed favoritism toward the other grounds 
supervisors. 

Petitioner has also shown that both female grounds workers were disciplined and ultimately dismissed. 
However, these female employees were not without fault in contributing to their dismissals. Additionally, 
while Mr. Fay treated Petitioner harshly. Petitioner had established a history of causing dissension among her 
employees, offending co-workers and supervisors, and making insulting and derogatory remarks. 



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2054 7:18 NORTH CAROLINA REGISTER December 15, 1992 



CONTESTED CASE DECISIONS 



It is therefore the opinion of the undersigned that Petitioner has not presented sufficient evidence to 
show that Respondent's legitimate, non-discriminatory reasons were a pretext for sex discrimination. 

4. It is further concluded that Petitioner has not met her burden of proof to show that she was 

discriminated against because of her sex. 

.lust Cause 



5. The actions of Petitioner which were the basis of her dismissal were categorized as personal 

misconduct rather than job performance. The dismissal letter noted that Petitioner was determined to have 
stated, "If I were a black man, I would like to do this kind of work all day long," and "no man will ever meet 
my standards", and calling an employee "stupid." Additionally, Petitioner was dismissed for disseminating 
copies of her previous disciplinary warning during the investigation of the 1991 actions, and for saying, "If 
I go, I will take others with me." 

Respondent determined that these actions constituted personal misconduct. The undersigned agrees 
and hereby concludes that Respondent had just cause to dismiss the Petitioner for personal misconduct. 

Based upon the foregoing Conclusions of Law, the undersigned makes the following: 

RECOMMENDATION 

That the decision to dismiss Petitioner be affirmed. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, N.C. 2761 1-7447, in accordance with North Carolina General Statute 
150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an 
opportunity to file exceptions to this recommended decision and to present written arguments to those in the 
agency who will make the final decision. G.S. 150B-36(a). 

The agency is required by G.S. l50B-36(b) to serve a copy of the final decision on all parties and to 
furnish a copy to the parties' attorney of record and to the Office of Administrative Hearings . 

The agency that will make the final decision in this contested case is the North Carolina State 
Personnel Commission. 

This the 17th day of November, 1992. 



Dolores O. Nesnow 
Administrative Law Jud^e 



7:18 NORTH CAROLINA REGISTER December 15, 1992 2055 



XORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 lie North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. Tlie major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. Tlie other two, 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



I 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 




Architecture 


2 


2 


Agriculture 




Auctioneers 


4 


3 


Auditor 




Barber Examiners 


6 


4 


Economic & Community Development 


Certified Public Accountant Examiners 


8 


5 


Correction 




Chiropractic Examiners 


10 


6 


Council of State 




General Contractors 


12 


7 


Cultural Resources 




Cosmetic Art Examiners 


14 


8 


Elections 




Dental Examiners 


16 


9 


Governor 




Dietetics/Nutrition 


17 


10 


Human Resources 




Electrical Contractors 


18 


11 


Insurance 




Electrolysis 


19 


12 


Justice 




Foresters 


20 


13 


Labor 




Geologists 


21 


14A 


Crime Control & Pub 


ic Safety 


Hearing Aid Dealers and Fitters 


22 


15A 


Environment, Health, 


and Natural 


Landscape Architects 


26 




Resources 




Landscape Contractors 


2X 


16 


Public Education 




Marital and Family Therapy 


31 


17 


Revenue 




Medical Examiners 


32 


18 


Secretary of State 




Midwifery Joint Committee 


33 


L9A 


Transportation 




Mortuary Science 


34 


20 


Treasurer 




Nursing 


36 


21 


Occupational Licensin 


g Boards 


Nursing Home Administrators 


37 


22 


Administrative Proced 


ures 


Occupational Therapists 


38 


23 


Community Colleges 




Opticians 


40 


24 


Independent Agencies 




Optometry 


42 


25 


State Personnel 




Osteopathic Examination & Reg. (Repealed) 


44 


26 


Administrative Hearin 


? s 


Pharmacy 

Physical Therapy Examiners 

Plumbing, Heating & Fire Sprinkler Contractors 

Podiatry Examiners 

Practicing Counselors 

Practicing Psychologists 

Professional Engineers & Land Surveyors 

Real Estate Commission 

Refrigeration Examiners 

Sanitarian Examiners 

Social Work 


46 
4S 
50 
52 
53 
54 
56 
58 
60 
62 
63 



Speech & Language Pathologists & Audiologists 64 
Veterinary Medical Board 66 



♦ 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



I 



2056 



7: IS 



NORTH CAROLINA REGISTER 



December 15, 1992 



CUMULATIVE INDEX 



Pages 



CUMULATIVE INDEX 

(April 1992 - March 1993) 



Issue 



1 - 105 1 April 

106 - 173 2 April 

174 - 331 3 - May 

332 - 400 4 - May 

401 - 490 5 June 

491 - 625 6 - June 

626 - 790 7 July 

791 - 902 8 - July 

903 - 965 9 - August 

966 - 1086 10 - August 

1087 - 1 154 11 September 

1 155 - 1253 12 September 

1254-1350 13 October 

1351 - 1463 14 - October 

1464 - 1640 15 November 

1641 - 1720 16 - November 

1721 - 1828 17 December 

1829 - 2059 18 - December 

ADMINISTRATION 

Auxiliary Services, 4 

Motor Fleet Management Division, 794 

AGRICULTURE 

Gasoline and Oil Inspection Board, 336 

Pesticide Board. 1276 

Plant Industry, 904 

Structural Pest Control Committee, 332 

Veterinary Division, 342 

COMMUNITY COLLEGES 

Community Colleges, 1535 
General Provisions. 1531 
Miscellaneous Programs. 1598 

CULTURAL RESOURCES 

U.S.S. Battleship Commission. 91 1 

ECONOMIC AND COMMUNITY DEVELOPMENT 

Banking Commission. 629. 1467 
Community Assistance, 909, 968 
Departmental Rules, 801 
Savinss Institutions Division. 1833 



ENVIRONMENT. HEALTH. AND NATURAL RESOURCES 

Adult Health. 1199 

Coastal Management. 211. 655, 1098. 1507 

Departmental Rules. 826. 1852 

Environmental Health. 223 

Environmental Management, 190, 416. 500, 644, 830, 1013, 1487, 1856 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



2057 



CUMULATIVE IXDEX 



Governor's Waste Management Board. 564. 920. 1197 

Health: Epidemiology. 140. 1212 

Health: Personal Health. 1217 

Health Services. 52. 659. 1174. 1736. 1985 

Marine Fisheries. 530 

NPDES Permits Notices. 1. 107 

Radiation Protection. 136. 1520. 1863 

Sedimentation Control. 920 

Vital Records. 565 

Wildlife Resources Commission. 28. 133. 408. 449. 551. 921. 1299. 1414. 1658. 1736 

Wildlife Resources Commission Proclamation. 176 

FINAL DECISION LETTERS 

Voting Rights Act. 106. 174. 406. 493. 628. 793. 966. 1090. 1275, 1465. 1644. 1721 

GENERAL STATUTES 

Chapter 150B. 1254 

GOVERNOR/ LT. GOVERNOR 

Executive Orders. 401. 491. 626. 791, 903. 1087. 1155. 1351. 1464. 1641. 1829 

HUMAN RESOURCES 

Aging. Division of. 121. 346 

Day Care Rules. 123 

Economic Opportunity, 5 

Facility Services. 111. 177. 496. 634. 980. 1352. 1647 

Medical .Assistance. 4. 415. 496. 816. 989. 1156. 1295. 1391. 1649. 1723. 1842 

Mental Health. Developmental Disabilities and Substance Abuse Services. 111. 297. 409. 809. 1092. 1276 

Social Services Commission. 183. 911. 1471 

INDEPENDENT AGENCIES 

Housing Finance Agency. 450. 576. 928. 1219 

INSURANCE 

Actuarial Services Division. 1411 

Agent Services Division. 1410 

Consumer Services Division. 125. 1157 

Departmental Rules. 7. 1095. 1405 

Engineering and Building Codes. 19. 643 

Financial Evaluation Division. 1162. 1849 

Fire and Rescue Services Division. 17. 1406 

Hearings Division. 124. 1096 

Life and Health Division. 22. 34". 1 167 

Market Conduct Division. 1850 

Medical Database Commission. 1650 

Property and Casualty Division. 20. 1848 

Seniors' Health Insurance Information Program. 132 

JUSTICE 

Alarm Systems Licensing Board. 2". 189. 643. 919. 1414. 1486. 1732 

Criminal Information. 1097 

General Statutes Commission. 353 

Private Protective Services. 918. 1 "3 1 

Sheriffs Education and Training. 990 

State Bureau of Investigation. 188. 499. 1413 



2058 7:18 SORTH CAROLIXA REGISTER December 15, 1992 



I 



# 



♦ 



CUMULATIVE INDEX 



LICENSING BOARDS 

Architecture, 1111 

Certified Public Accountant Examiners, 355 

Chiropractic Examiners, 1416 

Cosmetic Art Examiners, 360, 922, 1669 

Dietetics/Nutrition. 923 

Electrical Contractors, 1785 

Electrolysis Examiners, 69, 700 

Geologists, 1792 

Medical Examiners. 1304. 1417. 1987 

Nursing, Board of, 232, 700, 1528 

Opticians. 1793 

Pharmacy, Board of, 1418 

Professional Engineers and Land Surveyors, 566 

Speech and Language and Pathologists and Audiologists, 705 



LIST OF RULES CODIFIED 

List of Rules Codified. 72, 362. 452, 584, 1671 



PUBLIC EDUCATION 

Departmental Rules, 1 108 

Elementary and Secondary, 852, 



108, 1666 



REVENUE 

License and Excise Tax, 712 
Motor Fuels Tax, 361 

STATE PERSONNEL 

Office of State Personnel, 237. 705, 1113. 1419, 2005 

TAX REVIEW BOARD 

Orders of Tax Review, 494 

TRANSPORTATION 

Highways. Division of, 228, 856. 1062, 1110, 1669, 1781 
Motor Vehicles, Division of, 68, 142 



7:18 



NORTH CAROLINA REGISTER 



December 15, 1992 



2059 



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